This is a comprehensive summary of Lesson 4 in LLW2601. It
includes the demarcated information included in the prescribed
textbook as well as the study guide. If you choose not to buy the
textbook, this summary fills in all the parts you would otherwise miss.
These notes are very useful in stud...
Lesson 4 - Unfair Labor
Practices
Class Individual Labour Law IOP2601
Reviewed
This is a comprehensive summary of Lesson 4 in LLW2601. It
includes the demarcated information included in the prescribed
textbook as well as the study guide. If you choose not to buy the
Comments textbook, this summary fills in all the parts you would otherwise miss.
These notes are very useful in studying for assignments and using
as core study material.
M McGregor & AH Dekker (eds) LABOUR LAW Rules! 4th ed
Sources (2021), Siber Ink
Lesson 4 - Unfair Labor Practices 1
, The meaning and scope of an unfair labor
practice
An unfair labor practice takes place during the course of employment. In other
words, the employee has not resigned or has not been dismissed, but the employee
is treated unfairly.
Section 186(2) defines an unfair labor practice as:
Any unfair act or omission that arises between an employer and an employee
involving:
a. unfair conduct by the employer relating to the promotion, demotion, probation
(excluding disputes about dismissals for a reason relating to probation) or the
training of an employee or relating to the provision of benefits to an employee;
b. the unfair suspension of an employee or any other unfair disciplinary action short
of dismissal in respect of an employee;
c. the failure or refusal by an employer to reinstate or re-employ a former employee
in terms of any agreement; and
d. an occupational detriment, other than dismissal, in contravention of the
Protected Disclosures Act, 26 of 2000, on account of the employee having made
a protected disclosure defined in that Act.
Lesson 4 - Unfair Labor Practices 2
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