The extension of collective agreements to non- parties for dismissal for operational requirements
- Authors: Lupondwana, Masiza Howard
- Date: 2022-12
- Subjects: Labor laws and legislation--South Africa , Unfair labor practices
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/59724 , vital:62387
- Description: Section 23 (1) of the Constitution of the Republic of South Africa1 states that “Everyone has the right to fair labour practice. (2) Every worker has the right to – (a) to form and join a trade union; (b) to participate in the activities and programmes of a trade union; and (c) to strike’’. The Labour Relations Act 2 (the LRA) was enacted to give effect to section 23 of the Constitution, to regulate the organizational rights of trade union, to promote and facilitate collective bargaining at the workplace and at sectoral level. Its purpose is to advance the economic development, social justice, labour peace and democratization of the workplace by fulfilling the primary objectives of this Act. Firstly, this study seeks to critically examine the extension of collective agreements and effect of section 23(1) (d) in both small- and large-scale retrenchments (s189 & 189 A). A right to fair dismissal is a guaranteed employment right as outlined in section 185 of the LRA. Danielle Venn writes that “legislation is not the only source of employment, labour law clearly set a minimum standard while collective agreements or individual contracts can include provisions more generous to employees than those in legislation.3 This indicates that collective agreements are mechanisms aimed at creating conducive working conditions of employment between the employer and employee in the workplace. By ensuring that resolutions aimed at promoting general welfare of employees are implemented, regulating and enhancement of employee benefits, and other matters of mutual interest are expressed in the agreement. Individual employment law has express terms which clearly state that an employment contract may incorporate the employer’s disciplinary code of conduct. This mostly include procedure to be followed during termination of service or dismissal. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2022
- Full Text:
- Date Issued: 2022-12
- Authors: Lupondwana, Masiza Howard
- Date: 2022-12
- Subjects: Labor laws and legislation--South Africa , Unfair labor practices
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/59724 , vital:62387
- Description: Section 23 (1) of the Constitution of the Republic of South Africa1 states that “Everyone has the right to fair labour practice. (2) Every worker has the right to – (a) to form and join a trade union; (b) to participate in the activities and programmes of a trade union; and (c) to strike’’. The Labour Relations Act 2 (the LRA) was enacted to give effect to section 23 of the Constitution, to regulate the organizational rights of trade union, to promote and facilitate collective bargaining at the workplace and at sectoral level. Its purpose is to advance the economic development, social justice, labour peace and democratization of the workplace by fulfilling the primary objectives of this Act. Firstly, this study seeks to critically examine the extension of collective agreements and effect of section 23(1) (d) in both small- and large-scale retrenchments (s189 & 189 A). A right to fair dismissal is a guaranteed employment right as outlined in section 185 of the LRA. Danielle Venn writes that “legislation is not the only source of employment, labour law clearly set a minimum standard while collective agreements or individual contracts can include provisions more generous to employees than those in legislation.3 This indicates that collective agreements are mechanisms aimed at creating conducive working conditions of employment between the employer and employee in the workplace. By ensuring that resolutions aimed at promoting general welfare of employees are implemented, regulating and enhancement of employee benefits, and other matters of mutual interest are expressed in the agreement. Individual employment law has express terms which clearly state that an employment contract may incorporate the employer’s disciplinary code of conduct. This mostly include procedure to be followed during termination of service or dismissal. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2022
- Full Text:
- Date Issued: 2022-12
The concurrent jurisdiction of the high court and labour court
- Authors: Beyleveld, Dominique
- Date: 2021-04
- Subjects: Gqeberha (South Africa) , Eastern Cape (South Africa) , Labor laws and legislation--South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/51191 , vital:43218
- Description: The words “concurrent jurisdiction” essentially means that there is more than one court which has the power to hear a matter and therefore, a party may choose which forum to approach.1 The High Court (hereinafter referred to as “HC”) may exercise jurisdiction, together with the Labour Court (hereinafter referred to as “LC”), in enforcing purely contractual and other common law claims as well as for breach of fundamental rights to which the Labour Relations Act (LRA)2 (or other labour statutes) do not give effect to.3 However, this is not without limitations. The HC and the LC have concurrent jurisdiction over claims relating to the lawfulness of dismissal or other conduct by the parties, whereas all claims based on fairness falls within the exclusive jurisdiction of the LC.4 The practical implication of the approach taken by the Constitutional Court (hereinafter referred to as “CC”)5 is that jurisdiction may, to a certain extent,6 be based on the pleadings, and a litigant may in fact have simultaneous claims arising from the same circumstances.7 However, where the basis of the action and the relief sought is clearly identifiable as being part of the machinery of the Labour Relations Act (hereinafter referred to as the “LRA”) or other labour legislation, then the HC will not have jurisdiction and it is up to the LC to remedy the wrong and give effect to the primary objects of the LRA , Thesis (LLM) -- Faculty of Law, Mercantile Law, 2021
- Full Text: false
- Date Issued: 2021-04
- Authors: Beyleveld, Dominique
- Date: 2021-04
- Subjects: Gqeberha (South Africa) , Eastern Cape (South Africa) , Labor laws and legislation--South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/51191 , vital:43218
- Description: The words “concurrent jurisdiction” essentially means that there is more than one court which has the power to hear a matter and therefore, a party may choose which forum to approach.1 The High Court (hereinafter referred to as “HC”) may exercise jurisdiction, together with the Labour Court (hereinafter referred to as “LC”), in enforcing purely contractual and other common law claims as well as for breach of fundamental rights to which the Labour Relations Act (LRA)2 (or other labour statutes) do not give effect to.3 However, this is not without limitations. The HC and the LC have concurrent jurisdiction over claims relating to the lawfulness of dismissal or other conduct by the parties, whereas all claims based on fairness falls within the exclusive jurisdiction of the LC.4 The practical implication of the approach taken by the Constitutional Court (hereinafter referred to as “CC”)5 is that jurisdiction may, to a certain extent,6 be based on the pleadings, and a litigant may in fact have simultaneous claims arising from the same circumstances.7 However, where the basis of the action and the relief sought is clearly identifiable as being part of the machinery of the Labour Relations Act (hereinafter referred to as the “LRA”) or other labour legislation, then the HC will not have jurisdiction and it is up to the LC to remedy the wrong and give effect to the primary objects of the LRA , Thesis (LLM) -- Faculty of Law, Mercantile Law, 2021
- Full Text: false
- Date Issued: 2021-04
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