Section 23 South African constitution guarantees every worker to be fairly
treated.it further guarantees workers to have right to strike. This assignment will
cover lesson 7, 8 and 9 of the LRM 4801 study unit. The assignment will all explore
collective bargaining, levels of collective bargaining their advantages and
disadvantages. The assignment will further deal with Dismissals for operational
requirements.it will deal with bot substantive and procedural fairness when
dismissing employees based on operational requirement of the employer.
The right to strike and procedure to be followed to advance this constitutional right
will be radiated. The assignment will also deal with the employer9s reaction to a
protected strike i.e., the employment of no work no pay, bonus payments for non-
striking employees. The last question to be responded to will be workplace
grievance and disciplinary procedure.
2.Question 1: COLLECTIVE BARGAINING AT ARM
1.1 According to Venter et al (2014), bargaining occurs either at plant level between
individual employers and trade unions (i.e., decentralized bargaining) or at industry
and national level between employers9 organisations and several trade unions or
trade union federations (i.e., centralised bargaining). The Labour Relations Acts
(LRA) promotes (but does not prescribe) the use of centralised bargaining
structures by means of bargaining councils.
The idea behind centralised bargaining is that employers throughout the industry
will pay the same wages and grant the same conditions of service. The expectation,
therefore, is that employers throughout the industry are expected to stand
together. Centralised bargaining tends to favour larger organisations and bigger,
better organised trade unions, since in both instances in larger players are better
able to establish and drive agendas. An example of centralised bargaining in South
Africa is the biannual industry- level negotiations on wages and conditions of
employment between the gold mines (represented by the Minerals Council South
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