Summary
Summary Topic 11
- Course
- Mercantile Law 311 (311)
- Institution
- Stellenbosch University (SUN)
Comprehensive summary of examinable material.
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Table of ContentsTopic 11: Unfair Labour Practices ...................................................... 2
11.1 Introduction ................................................................................ 2
11.2 ULP – The List............................................................................ 2
11.3 Promotion ................................................................................... 2
Was there a promotion? .................................................................. 2
When is a promotion unfair? ............................................................ 3
Remedies ........................................................................................ 4
11.4 Demotion .................................................................................... 4
Demotion that is fair ........................................................................ 4
Demotion that is unfair..................................................................... 4
11.5 Benefits ...................................................................................... 5
Initial Approach. .............................................................................. 5
Current Approach after Apollo Tyres (LAC) ..................................... 5
11.6 Suspension ................................................................................ 5
Types of suspension ....................................................................... 5
Fairness Requirement ..................................................................... 6
11.7 Remedies for Unfair Labour Practices ........................................ 6
, Topic 11: Unfair Labour Practices
11.1 Introduction
o The regulation of ULP’s looks at protecting employees during employment
o ULP is a definitive closed list
o Important implications for jurisdiction
o Only employers can commit an ULP and only in the context of the employment
relationship
o Relationship with the Constitution
o S23 – everyone has the right to fair labour practices
o Subsidiarity principle
11.2 ULP – The List
o Section 186(2) of the Labour Relations Act – unfair act or omission between
employer and employee involving:
o Unfair conduct of the employer regarding promotion, demotion,
probation, training and provision of benefits.
o Unfair suspension & unfair disciplinary action short of dismissal
o Failure to re-instate in terms of agreement
o Occupational detriment other than dismissal in contravention Protected
Disclosures Act.
11.3 Promotion
Was there a promotion?
o Two requirements:
o 1. Existing employment relationship required.
▪ Only an existing employee can be promoted.
▪ Different departments?
• The approach is that it must essentially be the same
employer
• The State = One department
o 2. New job must be more beneficial.
▪ It must be better, otherwise it would not be considered a
promotion
▪ Court to consider all facets
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