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LLW2602 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED
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LLW2602 Assignment 1(DETAILED ANSWERS)
Semester 1 2024 -
DISTINCTION
GUARANTEED
Question 1: Discuss the role of trade unions in collective bargaining under
South African law.
Answer:
Introduction: Trade unions play a pivotal role in collective bargaining in South Africa, as
regulated by the Labour Relations Act (LRA). They are essential in negotiating terms and
conditions of employment on behalf of their members.
Role of Trade Unions:
1. Representation: Trade unions represent employees in collective bargaining
negotiations with employers. They have the legal authority to negotiate wages, working
conditions, and other employment terms on behalf of their members.
2. Formation and Recognition: Under the LRA, trade unions must be formally registered
and recognized to engage in collective bargaining. Recognition is typically granted
through a majority representation or a formal agreement with the employer.
3. Collective Agreements: Trade unions negotiate collective agreements, which are
legally binding contracts between the union and the employer. These agreements cover
wages, working hours, and other employment conditions.
Legal Framework:
1. Labour Relations Act (LRA): The LRA outlines the rights and responsibilities of trade
unions in the collective bargaining process. Sections 14 to 16 specifically address the
registration and recognition of trade unions.
, 2. Procedural Fairness: The LRA requires that bargaining processes be conducted in
good faith. This includes providing fair notice of negotiations and considering the
proposals of both parties.
Case Law:
1. Case Example: In the case of National Union of Mineworkers v. Council for Conciliation,
Mediation and Arbitration (CCMA), the court affirmed the role of trade unions in
negotiating on behalf of their members and emphasized the need for adherence to fair
bargaining practices.
Conclusion: Trade unions are crucial in ensuring fair labor practices through collective
bargaining. They provide a structured platform for employees to negotiate terms of employment
and address disputes.
Question 2: Explain the process of dispute resolution through arbitration
under South African law.
Answer:
Introduction: Arbitration is a key mechanism for resolving industrial disputes in South Africa. It
is an alternative to court litigation and is governed by the Labour Relations Act (LRA).
Arbitration Process:
1. Initiation: Disputes may be referred to arbitration by either party (employer or
employee) if mediation fails. The referral must be made to the Commission for
Conciliation, Mediation, and Arbitration (CCMA) or a bargaining council.
2. Appointment of Arbitrator: An arbitrator is appointed to adjudicate the dispute. The
arbitrator is typically an experienced labor lawyer or a specialist in employment law.
3. Hearing: Both parties present their case during the arbitration hearing. This includes
presenting evidence, calling witnesses, and making legal arguments.
4. Award: After considering the evidence, the arbitrator issues an award, which is a
binding decision. The award may include remedies such as reinstatement,
compensation, or specific performance.
Legal Framework:
1. Labour Relations Act (LRA): The LRA outlines the arbitration process in Sections 24 to
26. It specifies the procedures for referral, the powers of arbitrators, and the
enforcement of awards.
2. Fairness and Impartiality: The LRA mandates that arbitration be conducted fairly and
impartially. Arbitrators must provide a reasoned decision and ensure that both parties
have an opportunity to present their case.
Case Law:
1. Case Example: In Solidarity v. South African Local Government Association (SALGA),
the court upheld the arbitration award and emphasized the importance of impartiality and
fairness in the arbitration process.
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