1. THROUGH COLLECTIVE AGREEMENT
This can be the case even for trade unions that are not representative
2. MEMBERSHIP OF A BARGAINING COUNCIL
A registered trade union that is a party to a bargaining council automatically has the right of
access to the premises and to deduct fees in respect of all those workplaces falling under the
bargaining council. A union acquires these rights irrespective of being representative or not.
3. STRIKE ACTION
A union may strike to achieve these rights even if they don’t meet the minimum requirements
4. SECTION 21 PROCEDURE
This requires that the union notifies the employer in writing that it seeks to exercise its
organisational rights. Within 30 days they must meet to conclude a collective agreement. If they do
not conclude then either party can refer the dispute to the CCMA for conciliation. If no conciliation
reached, then the parties can process to arbitration or alternatively strike / lock-out after serving
appropriate notice.
(b) Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of
another person. In a workplace context, an employer can be liable for the acts or omissions of its employees,
provided it can be shown that they took place in the course of their employment. There are three common law
requirements to determine the vicarious liability of an employer in standard matters, namely:
1. An employer-employee relationship must be established;
2. A wrongful act must have been committed by an employee; and
3. The employee must have committed the wrongful act whilst acting within the course and scope of
his/her employment.
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