The right of non-unionised employees and minority unions to be consulted prior to dismissals based on operational requirements
- Karuaihe, Janee, Raahua, Sigfried
- Authors: Karuaihe, Janee, Raahua, Sigfried
- Date: 2024-04
- Subjects: Unfair labor practice , Employees--Dismissal , Labor unions
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64481 , vital:73738
- Description: The position of workers and trade unions has changed drastically since the introduction of a Constitutional dispensation in South Africa. The Constitution affords both workers and trade unions protectable rights and greater influence at the workplace. To vindicate and assert these rights trade unions and workers approach the courts to vindicate these rights. Section 23 of the Constitution deals with labour rights and section 18 gives effect to the right to freedom of association. To give content to these rights the Constitution provides that courts must have regard to international law. In the context of these rights, one of the principles recognised by the International Labour Organisation through its Conventions is the principle of majoritarianism. In short, the principle endeavours to give effect to the will of trade unions representing the majority of employees in a workplace in relation to trade unions that represent the minority. This is achieved through collective bargaining, which typically results in the conclusion of collective agreements, whereby trade unions are given exclusive and or preferential rights. In AMCU v Royal Bafokeng the Constitutional Court held that, the principle of majoritarianism applies to and finds expression in section 189 of the Labour Relations Act. The effect of this judgment is that members of a minority trade union may be represented by a rival majority trade union during the consultation process when an employer has contemplated dismissals based on operational requirements. The minority judgement adopted a different approach, reasoning that, the principle of majoritarianism ought not to find application in the context of dismissals based on operational requirements. It found that section 189 is intended to give effect to the Constitutional right to fair labour practices and must therefore allow a fair procedure that permits an employee to choose who may represent him/her in a consultation process prior to dismissal. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Karuaihe, Janee, Raahua, Sigfried
- Date: 2024-04
- Subjects: Unfair labor practice , Employees--Dismissal , Labor unions
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64481 , vital:73738
- Description: The position of workers and trade unions has changed drastically since the introduction of a Constitutional dispensation in South Africa. The Constitution affords both workers and trade unions protectable rights and greater influence at the workplace. To vindicate and assert these rights trade unions and workers approach the courts to vindicate these rights. Section 23 of the Constitution deals with labour rights and section 18 gives effect to the right to freedom of association. To give content to these rights the Constitution provides that courts must have regard to international law. In the context of these rights, one of the principles recognised by the International Labour Organisation through its Conventions is the principle of majoritarianism. In short, the principle endeavours to give effect to the will of trade unions representing the majority of employees in a workplace in relation to trade unions that represent the minority. This is achieved through collective bargaining, which typically results in the conclusion of collective agreements, whereby trade unions are given exclusive and or preferential rights. In AMCU v Royal Bafokeng the Constitutional Court held that, the principle of majoritarianism applies to and finds expression in section 189 of the Labour Relations Act. The effect of this judgment is that members of a minority trade union may be represented by a rival majority trade union during the consultation process when an employer has contemplated dismissals based on operational requirements. The minority judgement adopted a different approach, reasoning that, the principle of majoritarianism ought not to find application in the context of dismissals based on operational requirements. It found that section 189 is intended to give effect to the Constitutional right to fair labour practices and must therefore allow a fair procedure that permits an employee to choose who may represent him/her in a consultation process prior to dismissal. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2024
- Full Text:
- Date Issued: 2024-04
The role and impact of trade unions on service delivery in Lukhanji Municipality (Eastern Cape)
- Authors: Brown, Gregory Simon
- Date: 2013
- Subjects: Municipal services , Labor unions , Service industries workers -- Labor unions
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26537 , vital:65578
- Description: The role and impact of trade unions on service delivery is such a pertinent question to research given the times our young democracy goes through. This was an inevitable piece of study to undertake especially from the point of view to examine which form and philosophy of unionism suits the public sector best. The wildcat strikes and unprotected industrial action that grip municipalities at 10 o’clock early in the day needs deeper thinking and new ground-breaking solutions. Very fundamental questions have to be examined to determine the extent of control SAMWU as a union have over the strategic management environment of the local sphere of state. Lukhanji municipality, given its strategic location happened to host many regional offices of all COSATU affiliated unions happens to be an inconvenient choice of the nucleus of radical trade unionism in Queenstown fall victim and the study examines that. Subsequently to that the municipality fell victim to rigid and radical forms of trade union operations that has strangled it to the point of it losing its character and role of a developmentalist institution in the communities it served. The study also highlights the severe service delivery backlogs in both former Transkei Ezibeleni and Ciskei Whittlesea and how transformation and integration of these two areas have been neglected as shown by the socio-economic profile. The study in the last Chapter makes particular recommendations on how the Strategic Management environment and corporate principles should be prioritised for Performance Management to be introduced and routinely implemented. , Thesis (MPA) -- Faculty of Management and Commerce, 2013
- Full Text:
- Date Issued: 2013
- Authors: Brown, Gregory Simon
- Date: 2013
- Subjects: Municipal services , Labor unions , Service industries workers -- Labor unions
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26537 , vital:65578
- Description: The role and impact of trade unions on service delivery is such a pertinent question to research given the times our young democracy goes through. This was an inevitable piece of study to undertake especially from the point of view to examine which form and philosophy of unionism suits the public sector best. The wildcat strikes and unprotected industrial action that grip municipalities at 10 o’clock early in the day needs deeper thinking and new ground-breaking solutions. Very fundamental questions have to be examined to determine the extent of control SAMWU as a union have over the strategic management environment of the local sphere of state. Lukhanji municipality, given its strategic location happened to host many regional offices of all COSATU affiliated unions happens to be an inconvenient choice of the nucleus of radical trade unionism in Queenstown fall victim and the study examines that. Subsequently to that the municipality fell victim to rigid and radical forms of trade union operations that has strangled it to the point of it losing its character and role of a developmentalist institution in the communities it served. The study also highlights the severe service delivery backlogs in both former Transkei Ezibeleni and Ciskei Whittlesea and how transformation and integration of these two areas have been neglected as shown by the socio-economic profile. The study in the last Chapter makes particular recommendations on how the Strategic Management environment and corporate principles should be prioritised for Performance Management to be introduced and routinely implemented. , Thesis (MPA) -- Faculty of Management and Commerce, 2013
- Full Text:
- Date Issued: 2013
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