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Labour Law Assignment 2 Semester 1 / 2022
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Labour Law Assignment 2 Semester 1 / 2022 Question with answers and footnotes with referencing as well as case law
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LABOUR LAW - MRL37022022
SEMESTER 01 / ASSIGNMENT 02
UNIQUE NUMBER: 724103
EXTENDED DUE DATE: 27 APRIL 2022
Compiled By
CAMECIA CASS
, ASSIGNMENT QUESTION
Power To Workers (‘PTW’), is a majority trade union representing workers at
Genuine Platinum (Pty) Ltd (‘GP’). In 2021, PTW and GP concluded a collective
agreement (threshold agreement) which set the level of representation to be
met by trade unions which seek to acquire organisational rights within GP.
Platinum Employees Association (‘PEA’), is one of the minority trade unions
which on a number of occasions made attempts to acquire organisational
rights within GP, without success.
Discuss whether the threshold agreement can be disregarded by a CCMA
commissioner in favour of PEA, if there is an organisational rights dispute
between PEA and GP.
[10]
Introduction
The LRA of 1995's section 21(1) provides a mechanism for acquiring organisational
rights. Organisational rights are best defined as a written request by a trade union to
represent employees in a workplace on a variety of issues. In terms of section 21
any party may refer a dispute to the CCMA for conciliation and arbitration if there is a
disagreement about whether the trade union is sufficiently representative.
It1 stipulates that a registered trade union may notify an employer of its desire to
exercise one or more of the organisational rights. The trade union must identify the
workplace where these rights will be enforced, show that it is representative, and
state which rights it wishes to exercise. Following that, the employer meets with the
trade union to try to reach a collective bargaining agreement.
Section 21 set out the procedure to be followed when an employer refuses to
grant organisational rights.
This section2 states that any registered trade union3 must notify the employer in
writing, as soon as it wishes to exercise rights under the LRA, that it wishes to
exercise the organizational right based on its representativity. The notice must also
include "a certified copy of the trade union's certificate of registration and must
specify, inter alia, the workplace in which the union wants to exercise the rights; the
union's representativeness in that workplace; the rights that the union wants to
exercise; and the manner in which the union wants to exercise these rights,"
4
according to the section.
1
Section 21 of the Labour Relations Act, 1995. Act 66 of 1995.
2
Section 21 of the LRA.
3
Section 21 (1) of the LRA.
4
Section 21 (2) of the LRA.
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