 |
| A meeting convened on discussing on the freedom of association in the workplace |
FREEDOM OF ASSOCIATION.
"1) Everyone has the right to fair labour practices.
2) Every worker has the right -
(a) to form and join a trade union;
(b) to participate in the activities and programmes of a trade union; and
(c) to strike.
3) Every employer has the right -
(a) to form and join an employers’ organisation; and
(b) to participate in the activities and programmes of an employers’ organisation.
4) Every trade union and every employers’organisatioorganisation as the right
(a) to determine its own administration, programmes and activities;
(b) to organise; and
(c) to form and join a federation.
(5) Every trade union, employers’ organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with.
· (6) National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with.”[1]
·
[1]The Constitution of the Republic of SA 1996.
Should a dispute arise between the employee and employer; or the labour broker and employee, the labour relations act provides for the procedure; which reads as follows:
· Section 9 of the Labour Relations Act. + Section 22: Disputes about organisational rights.
“Procedure for disputes-(1) If there is a dispute about the interpretation or application of any provision of this chapter, any party to the dispute may refer the dispute in writing to-
A council, if the parties to the dispute fall within the registered scope of that council; or
The Commission, if no council has jurisdiction.
The party who refers the dispute mustsatisfy the council or the commission that a copy of the referral has been served on all the other parties to the dispute.
3) The council or commission must attempt to resolve the dispute through conciliation.
4) If the dispute remains unresolved, any party to the dispute may refer it to the Labour Court for adjudication.”[1]
· Should all the possible procedures and measures of resolving the dispute, not be successful; only then can the harmed party; make means of strike action and following section 68 of the Labour Relations Act
· Section 24: Disputes about collective agreements.
· Every collective agreement excluding an agency shop or closed shop agreement must provide for a procedure to resolve any dispute through conciliation if the dispute remains unresolved, to resolve through arbitration.
· It should be only go through conciliation if-
· A) The collective agreement does not provide for a procedure i.t.odisputes
· B) Procedure is not operative
· C) Any party to the collective agreement has frustrated the resolution of the dispute i.t.o collective agreement
· 3)Party who refers the dispute to the Commission must satisfy it that a copy of the referral has been served on all the other parties to
JURISDICTION:
Council- with registered scope.
Commission (CCMA)
Labour Court – exclusive jurisdiction over labour cases.
Constitutional Court has jurisdiction to hear constitutional matters and any other matter if the Constitutional Court grants leave to appeal on the grounds that the appeal raises an arguable point of law of general public importance which ought to be considered by the constitutional court.[2]
No comments:
Post a Comment