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Study Unit 1 (Chp 11) freedom of association, Trade Unions’ rights & employer’s rights
1. Intro
- Freedom of association is the right to associate with others in order to defend & protect
their common interests.
- In the workplace- freedom of association is the right of workers to form & join trade unions
of their choice.
- Trade Union security agreements refer to closed shop agreements & agency shop
agreements
- LRA strengthen the right to freedom of association & collective bargaining by providing 5
organisational rights which TU may acquire from ER:
2. FREEDOM OF ASSOCIATION
- Freedom of association means that ppl have the right to associate with others to defend &
protect common interests.
In the workplace- freedom of ass entails the right of workers to:
Form and join trade unions of their choice
To participate in these unions’ lawful activities
To organise and bargain collectively with the employer
To strike
2.1. Protection under the Constitution
- Sec 18 of the constitution grants ‘everyone’ the right to freedom of association
- Sec 23 Protects the freedom of association for employees, TY & Er’s & Er’s
organisations:
Sec 23:
Every worker has the right to form & join a TU, To participate in activities
of TU & to strike
ER has the right to form & join an employer’s organisation & to participate in
activities
Every TU & every er’organisation has the right to determine its own
administration, programmes & activities, to organise & to form & join a
federation
Every TU & Er’s organisation & er has the right to engage in collective
bargaining.
2.2. Protection of international & Regional lae
2.3. Protection of The African Charter on Human & Peoples’ Rights (ACHPR)
- ACHPR was adopted by the AU & provides every indv with the right to freedom
of association & does not specify the types of associations that individuals may
form or join, can be of a social, cultural or political nature
2.4. Protection by ILO Conventions
- Convention 87 guarantees to er’s & ee the right to establish & join organisations of their
own choice
- Convention98 Protects workers against acts of discrimination & victimisation by their er’s
on account of their trade union membership or activities & protects against interference
by each other or each other’s agents
, 2
2.5. Protection of the Labour relations Act
- 2.5.1Purpose of enactment of the LRA :
• Give effect to the rights in sec 23 of constitution
• Give effect to obligations by SA as consequence of membership of ILO
• Promote social justice, labour peace & workplace democracy
• Promote orderly collective bargaining
2.5.2Specific Protection of the right to freedom of association
Every ee has the right to form & join a union, TU membership only subject to the
constitution of the union
Every union member has the rights to participate in lawful activities of a union & stand
for election as union representative or officer
An employer may not discriminate against an ee for exercising the right to freedom of
association. May not require an ee to not become a member of a TU or give up
membership, Prejudice ee for past union membership
No one may give an advantage to an ee for exchange for that person not exercising
his right to freedom of association
Every TU has the right to:
o Determine its constitution and rules
o Hold elections for office bearers
o Plan and organise its admin & lawful activities
o Join Federations
o Affiliate with & participate in the affairs of international organisations
o Any dismissal for exercising the right to freedom of association is automatically
unfair.
2.5.3. Limited protection of the right to freedom of association
LRA does not apply to members of the:
• National Defence force
• State Security Agency
- Has freedom of association under sec 36 of Constitution but limited under circumstances ,
uninformed members may belong to TU but not strike & refer interest disputes to arbitration
- Senior managerial ee – also has limited freedom of association- balance the right to freedom
of association with their common law duty to act in good faith towards their employers.
- Senior manager can join a union but must be mindful of its duty to the er
a) Employer’s right to freedom of association
- Ee have the right to form & join er’s org & participate in lawful activities: rights include
the er’s org right to:
o Determine its constitution & rules
o Hold elections for office bearers
o Plan & organise admin & lawful activities
o Join federations
o Affiliate & participate in affairs of international organisations
- Any discrimination against the er for exercising any right of LRA is prohibited
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