Summary LLW2602 ASSIGNMENT 2 SEMESTER 1 OF 2023 [710738]
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Course
LLW2602 - Collective Labour Law (LLW2602)
Institution
University Of South Africa (Unisa)
Book
Labour Law Rules! Third Edition
LLW2602 ASSIGNMENT 2 SEMESTER 1 OF 2023 []
Sam who is employed by Employer A as a technician, is a shop steward (trade union representative) for Trade Union B. After completing his Diploma in Management at UNISA, Sam was promoted to a management position. He was, however, informed by Employer A ...
Sam who is employed by Employer A as a technician, is a shop steward (trade union
representative) for Trade Union B. After completing his Diploma in Management at
UNISA, Sam was promoted to a management position. He was, however, informed by
Employer A that since he is now part of the finance management, he must relinquish his
position as a shop steward and terminate his membership with Trade Union B.
Discuss the functions of a shop steward and whether Employer A is correct to ask Sam to
relinquish his position in Trade Union B and terminate his union membership.
The Labour Relations Act (LRA) that deals with relations between trade unions and
employers does not use the term ‘shop steward’ at all. Instead the term “trade union
representative” (TUR) is used. A shop steward or TUR is an employee elected by the trade
union members employed at the workplace. That is, the TUR is an ordinary employee
chosen by his/her fellow workers to represent them in their dealings with management.
In terms of Section 14 of the LRA trade union representatives (shop stewards) have the
right to carry out the following functions in the workplace:1
a. At the request of an employee (not only a member, but any employee) in the
workplace, to assist and represents the employee in grievance and disciplinary
proceedings;
b. To monitor the employer's compliance with the workplace related provisions of the
Labour Relations Act, any law regulating terms and conditions of employment, and
any collective agreement binding on the employer;
(This implies that the shop steward should be fully trained and thoroughly familiar
with, as a minimum, the Basic Conditions of Employment Act and the Labour
Relations Act. He should also be trained in the content of the company Disciplinary
Code and Procedure, and the company Policy and Procedure Manual, and be familiar
with the content of any collective agreements or the recognition agreement).
1
The Labour Relations Act, No. 66 of 1995 – LRA.
1
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