Human Resources Manual Phatshoane Henney inc. 2008

Similar documents
MAIN AGREEMENT NEGOTIATIONS: Strike Handling Guidelines

Introduction to Labour Dispute Prevention and Resolution System

Ministry of Education. Labour Relations in the Elementary/Secondary Education Sector

Labour Relations in South Africa

A Practical Guide to Labour Law

Effective labour dispute prevention and resolution systems: ILO standards and support

Code of Practice 1. Labour Relations Commission Dispute Procedures including Procedures in Essential Services

ASSIGNMENT MEMORANDUM SUBJECT : HUMAN RESOURCE MANAGEMENT (HRM)


Good Governance: A Guide for Trustees, School Boards, Directors of Education and Communities. CHAPTER 10: Collective Bargaining

DEPARTMENT OF EDUCATION, EASSTERN CAPE JURISDICTIONAL RUILING

LABOUR LAW. ARR 214 Theme 9

St Peter s School Mbombela

GOA UNIVERSITY G.R. KARE COLLEGE OF LAW LLB DEGREE - SEM VI LABOUR LAW

MTA EMPLOYMENT RELATIONS FACT SHEET

The Swedish model and the Swedish National Mediation Office

THE NEW MODEL OF LABOUR DISPUTE RESOLUTION FOR UKRAINE

October Guide to the Workplace Relations Commission workplacerelations.ie

INDUSTRIAL RELATIONS - THE GUIDING PRINCIPLES

EMPLOYMENT EQUITY ACT NO 55 OF 1998

LABOUR LAW. The contract of employment conditions of employment P 6

COLLECTIVE DISPUTES POLICY AND PROCEDURE

Employment Law in Bermuda

INDUSTRIAL ACTION Guide for RCN Members

Grievance and Disputes Policy. Target Audience. Who Should Read This Policy. All Trust Staff

Changes in Attitudes, Changes in Latitudes: Practical Tips for Employers Going Global. By: Oscar de la Vega

Career Forum 2014 University of Foreign Language, Yangon Legal Framework for Employment in Myanmar

Grievance Policy. Version: 2.3. Status: Final. Title of originator/author: Human Resources Directorate. Name of responsible director:

Summary and Explanation of the Labour Law Amendments

Grievance Policy and Procedure

ELRC ANNUAL REPORT 2005/6 PRESENTATION TO PARLIAMENT

FREEDOM OF ASSOCIATION AND THE RIGHT TO COLLECTIVE BARGAINING

ONTARIO LABOUR RELATIONS BOARD INFORMATION BULLETIN NO. 2. Termination of Bargaining Rights Under Section 63 of the Labour Relations Act

UNIT 14 - FRESNO SHERIFF S SERGEANTS ASSOCIATION FRESNO COUNTY EMPLOYEE GRIEVANCE PROCEDURE PURPOSE

22C Summary of Legislation and Standards Relevant to Labour and Working Conditions

Labour Law Amendments RESOURCE GUIDE

EMPLOYEE RELATIONS RESOLUTION

Collective Bargaining. The tactics or strategies in collective bargaining

BRIAN HILLERY* 1. INTRODUCTION

REPORT FORM. TERMINATION OF EMPLOYMENT CONVENTION, 1982 (No. 158)

ELRC PRESENTATION ON JURISDICTION

THE CATHOLIC CHURCH AS AN EMPLOYER IN AUSTRALIA TODAY

FAIR WORK ACT REVIEW 2012

Selected Discussion Questions

The Merlin Principles. The Elements of each Principle

EMPLOYMENT ACT 2002: STATUTORY DISPUTE RESOLUTION

Response to Access to Justice Review Background Paper Alternative Dispute Resolution

Collective agreements

Alternative Dispute Resolution under Labour Laws of Bangladesh: A Critical Review

POLICY ON UNISA PUBLIC TENDERS Overview

ForFarmers Responsible Sourcing Supplier Code of Conduct

The Construction Industry Labour Relations Act, 1992

CASUAL EMPLOYEE TERMS & CONDITIONS OF EMPLOYMENT

Diploma in Labour Laws and Labour Welfare Examination, 2013 Paper III : PRINCIPLES OF WAGES FIXATION AND THE LAW OF WAGES

Lawful industrial action in the UK. A guide for clients

CARICOM MODEL HARMONISATION ACT REGARDING TERMINATION OF EMPLOYMENT

Fair Work Act Amendment and Bullying Update. Jessica Dolan ACTU

SKILLS DEVELOPMENT ACT 97 OF 1998

Unfair Labor Practices

The view of the ILO on the legislative situation of collective bargaining in Hong Kong

THE NATIONAL INSTITUTE OF DISABILITY MANAGEMENT AND RESEARCH COLLECTIVE AGREEMENT

An overview of Employment Law in England & Wales. April Please contact our Company Commercial department for further information

LAW ON LABOUR IN KOSOVO

BRITISH COLUMBIA INSTITUTE OF TECHNOLOGY POSITION DESCRIPTION

GUILDFORD SENIORS VILLAGE

The act applies to all employees except members of the national defence force, the national intelligence or the South African secret service

Recover at Work Program

Types of Unions. Craft or Trade Unions. Industrial Unions. Workers who perform the same kind of work. All workers in the same industry

Unfair Dismissals Acts, 1977 to 2001

B-BBEE Advisory Council and implications to companies and legislation

Sensitive OFFICE OF THE MINISTER OF STATE SERVICES OFFICE OF THE MINISTER FOR WORKPLACE RELATIONS AND SAFETY

A CRITIQUE OF THE LEGAL TECHNIQUE OF MANAGING ABSCONDING EMPLOYEES IN SOUTH AFRICA

Grievance Policy, Basic

Review of recent developments in employment law. Early years S3. June 2016

ALERT EMPLOYMENT ISSUE IN THIS 15 JANUARY 2018 INCREASED MINIMUM WAGE FOR DOMESTIC WORKERS THE FIRST STOP IS THE CCMA

ARTICLE 29: GRIEVANCE PROCEDURE

POSITION: Labour Relations Consultant DEPARTMENT: Labour Relations/HR Services DATE: July 2014

Disciplinary Actions, Suspension and Dismissal

IN THE LABOUR COURT OF SOUTH AFRICA HELD IN CAPE TOWN CASE NO: C 277/05. In the matter between: SOUTH AFRICAN CLOTHING AND TEXTILE WORKER S UNION

SEIU Local 721 Superior Court of California, County of Los Angeles. Supervisory Unit 867. Memorandum of Understanding

SKILLS DEVELOPMENT ACT, 1998 (ACT NO. 97 of 1998) LEARNERSHIP REGULATIONS, 2007

Department of Labour and Advanced Education

Industrial Relations Conflicts Business Leaving Cert Quick Notes

Omni Labour Consultants was born out of a desperate need in the marketplace for a one-stop labour solution.

Client Department of Jobs, Enterprise and Innovation Project The Evaluation of Workplace Relations Pilot Early Resolution

Level 3 Diploma in Management. Qualification Specification

NOTICE 602 OF (Govenrment Gazette 34573) CCMA GUIDELINES: MISCONDUCT ARBITRATIONS GUIDELINES ON MISCONDUCT ARBITRATIONS

PROCEDURES FOR THE RESOLUTION OF GRIEVANCES/DISPUTES

THE NATIONAL MINIMUM WAGE BILL

Labour Law. Part A General Provisions. Chapter 1 Labour Law System and Basic Principles thereof. Legal Framework for Employment Legal Relationships

Highbury Grove School Disciplinary Procedure

COLLECTIVE AGREEMENT BETWEEN PURE CANADIAN GAMING AND CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL4655

Industrial Fairness the essentials

COMMONWEALTH OF PENNSYLVANIA Department of Labor and Industry Bureau of Mediation

AGREEMENT BETWEEN TREASURY BOARD AND THE CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 2745

V. Employment and Industrial Relations

Policy,Legal and Regulatory Frameworks

Human Resources Directorate

ARTICLE 34 GRIEVANCE PROCEDURE

Ontario s Fair Workplaces, Better Jobs Act

Transcription:

Human Resources Manual Phatshoane Henney inc. 2008 www.cilreyn.co.za

P a g e 2 o f 5 1. PURPOSE To ensure the application of consistent, fair and legal industrial action procedures and practices at the employer s workplace and the fair and equal treatment of all employees and speedily diffuse and/or contain pending industrial action. 2. PRINCIPLES The employer recognizes the embodiment in the Constitution of South Africa of the right of employees to strike, and the entrenchment of the right to strike in the Labour Relation Act, 1995 (LRA). Conversely the employer also acknowledges its recourse to lock-out. Employees confirm their commitment to sound industrial relations and as such they resolve to resort to industrial action only as an extreme method to be utilized in accordance with the rules set out hereunder. The objectives of this policy are to: (i) (ii) Lay the foundation for the arriving at a settlement acceptable to both the employer and the striking employees in the shortest possible time. Attempt to contain the industrial action as much as possible so that there is minimum disruption. (iii) Restore order and workflow. (iv) (v) Prevent injury to persons and damage to property. Diffuse management/employee tensions. The employer however believes that industrial action by both employees and the employer should be a measure of last resort, and that the preferred approach to dispute resolution should be negotiation, followed, if need be, by other dispute resolution mechanisms such as conciliation, and/or mediation. 3. INDUSTRIAL ACTION 3.1. STRIKES The LRA defines a strike as: the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute of any matter of mutual interest between employer and employee, and every reference to work in this definition includes overtime work, whether it is voluntary or compulsory. 3.2. LOCK-OUT

P a g e 3 o f 5 Lock-out is defined in the LRA as: the exclusion by an employer of employees from the employer s workplace for the purpose of compelling the employees to accept a demand in respect of any matter of mutual interest between employer and employee, whether or not the employer breaches those employees contracts of employment in the course of or for the purpose of that exclusion. 3.3. SECONDARY STRIKES The LRA defines a secondary strike as: a strike, or conduct in contemplation of furtherance of a strike, that is in support of a strike by other employees against their employer but does not include a strike in pursuit of a demand that has been referred to a council if the striking employees, employed within the registered scope of that council, have a material interest in that demand. 3.4. CONCILIATION Conciliation involves attempts by the parties to a dispute to settle their differences prior to industrial action. Conciliation is an extension of the negotiation process and is an integral part of the disputesettlement procedure. The aim of the conciliation process is to allow the parties to settle the dispute between themselves without the direct intervention of external agents. 3.5. MEDIATION Mediation involves the active intervention of a third party or parties for the purpose of achieving settlement of a dispute between the parties. The role of the mediator is to negotiate, advise, act as intermediary and suggest possible solutions to both parties. A mediator has no decision-making power and cannot impose a settlement on either party. 3.6. DISPUTE OF INTEREST A dispute of interest involves a dispute in which a party has a distinct interest but no clear right, such as the allocation of an interest related resource, such as, improved wages and conditions of employment. Disputes of interest are most often resolved through mediation or, ultimately, a trial of strength such as a strike or lock-out action aimed at inducing the other party to moderate its position to achieve agreement. 3.7. DISPUTE OF RIGHT A dispute of right involves a dispute in which established or existing rights of either party are interfered with or ignored. Such rights may accrue through a contract of employment, legally determined conditions of employment, and procedures, that is, industrial legislation, and unilateral changes to accepted or customary practices. Disputes of rights, therefore, are suitable for third party adjudication. 3.8. LIMITATIONS TO THE RIGHT TO STRIKE

P a g e 4 o f 5 No employee may take part in a strike, or in any conduct in contemplation or furtherance of a strike, if the employee is bound by a collective agreement that prohibits a strike in respect of the issue in dispute. Employees may also not take protected strike action where they are bound by a collective agreement that requires the issue in dispute to be referred to arbitration, or where the dispute is one that the employee or union has the right to refer to arbitration or to the Labour Court in terms of the LRA if that person is engaged in an essential service or a maintenance service. Employees may not take part in a secondary strike, unless the strike that is to be supported complies with the provisions of the LRA, and unless the employer of the employees taking part in the secondary strike or, where appropriate, the employers organization of which that employer is a member, has received written notice of the proposed secondary strike at least seven days prior to its commencement. Employees may not take part in a secondary strike unless the nature and extent of the secondary strike is reasonable in relation to the possible direct or indirect effect that the secondary strike may have on the business of the primary employer. The employer as a secondary employer may apply to the Labour Court for an interdict to prohibit or limit a secondary strike that is not reasonable in relation to the possible direct or indirect effect that the secondary strike may have on the business of the primary employer. 3.9. PROTECTED STRIKES In order for a strike to be protected, the strike must take place after all dispute settlement procedures detailed in the LRA, or in any bargaining council or recognition/collective agreement which may exist between the parties, have been exhausted. Should employees fail to follow the relevant dispute settlement procedures, the strike will not be protected, and the employer can seek certain remedies through the LRA. These remedies include the employer applying to the Labour Court for an interdict in order to restrain the union and its members, and applying to the Labour Court to award the payment of just and equitable compensation in respect of the strike. Should employees not follow the required procedures in exercising their right to strike, this may constitute a fair reason for dismissal. The employer will not remunerate an employee for services that the employee does not render during a protected strike. Therefore the no work no pay rule will apply. 3.10. UNPROTECTED STRIKES Unprotected strikes occur in the absence of, or prior to, the exhausting of agreed dispute settlement procedures, or those contemplated in the LRA 3.11. RECOURSE TO LOCK OUT The LRA affords every employer a recourse to lock-out provided certain requirements are met. For a lock-out to be protected the issue in dispute must have been referred to the CCMA and a certificate

P a g e 5 o f 5 stating that the dispute remains unresolved has been issued. Employers will also have recourse to lock-out if a period of 30 days has elapsed since the receipt of the referral by the CCMA, or after any extension of that period agreed to between the parties to the dispute. However, these provisions need not be adhered to should the lock-out be in accordance with an applicable collective agreement, or if the employer locks out the employees in response to their taking part in a strike which fails to conform to the provisions of the Act. 3.12. LOCK-OUTS IN COMPLIANCE WITH THE LRA A lock-out which is in compliance with the LRA can be described as protected with the effect that the company will not commit a delict or breach of contract by conducting such lock-out, or taking part in any conduct in contemplation or furtherance of a lock-out. The term protected also implies that the various procedural requirements have been complied with. The employer is not obliged to remunerate an employee for services which the employee is unable to provide during a protected lock-out.