Labour Relations in South Africa

TERMS OF REFERENCE•To provide information to the financial manager on labour relation issues, equality and privacy, as contained in the Bill of Rights.

•To provide information on the Bargaining Council and the Commission for Conciliation, Mediation and Arbitration (CCMA).

•To provide information on what constitutes a fair or unfair dismissal.

•To assess the workers right to strike and the consequences.

•To provide information on the rights of the employer.

•To explain the danger in dismissing females from the work force in terms of pregnancy and maternity benefits.

•To guide against implementing discriminatory practices in the work place based on gender, age, HIV and pregnancy status.

TABLE OF CONTENTSPAGETerms of Reference21.Introduction…………………………………………………42.Labour Issues………………………………………………62.1.Dismissal……………………………………………………62.2.Bargaining Council…………………………………………82.3.Commission for Conciliation, Mediation…………………10and Arbitration2.4.Protected Strike..……………………………………………102.5.Maternity Leave…..………………………………………...132.6.Employment Equity Act…………………………………….152.6.1. Age, Gender, HIV Status and Pregnancy………………..172.7. Right to Privacy……………………………………………..183. Conclusion………………………………………………….184. Recommendations…………………………………………195. List of References………………………………………….21Appendix……………………………………………………………24Appendix A: Disciplinary Procedure in an Unionized Company.25Appendix

Trade Union official Mick O'Reilly on stage at May...

Trade Union official Mick O'Reilly on stage at May...

A rally of the trade union UNISON in Oxford during...

B: Procedural Quick-list……………………………….26Appendix C: Dispute Resolution Process………………………..271. INTRODUCTIONThe Labour Laws of South Africa and the Constitution have measures to protect the rights of both employers and employees. An understanding of these laws will allow for a peaceful resolution of the problems presently being experienced.

Labour relations according to the Constitution (South African Constitution, 1996:10) are as follows:(1) Every one has the right to fair labour practices.

(2) Every worker has the right -•to form and join a trade union;•to participate in the activities and programmes of a trade union; and•to strike.

(3) Every employer has the right -•to form and join an employers' organization; and•to participate in the activities and programmes of an employer's organization.

(4)Every trade union and every employers' organization has theright-•to determine its own administration, programmes andactivities;•to organise; and•to join and form a federation.

(5)Every trade union, employers' organisation and employer has the right to engage in...