Summary
Summary LRA Schedule 4 Dispute Resolution Charts
- Course
- ABR410 (ABR410)
- Institution
- University Of Pretoria (UP)
A compilation of the Dispute Resolution Charts contained in Schedule 4 of the Labour Relations Act.
[Show more]
2 reviews
By: kaylapereira • 4 year ago
By: marisfryer30 • 4 year ago
Content preview
LABOUR RELATIONS ACTSCHEDULE 4: DISPUTE RESOLUTION
[Source: https://vula.uct.ac.za/access/content/group/9c29ba04-b1ee-49b9-8c85-
9a468b556ce2/doh/Variety/Legislation/LRAchm2web/index.htm?page=source%2FSchedule
4.htm]
TABLE OF CONTENTS
Schedule 4: Dispute Resolution ....................................................................................................... 1
1. Freedom of Association ............................................................................................................ 2
2. Organisational Rights ................................................................................................................ 3
3. Collective Agreements ............................................................................................................. 5
4. Collective Agreements (Agency Shop and Closed Shop Agreements)............................ 6
5. Councils ...................................................................................................................................... 7
6. Strikes and Lock-outs (Not in compliance with the Act) ...................................................... 8
7. Picketing ..................................................................................................................................... 9
8. Essential Services (Dispute of interest in essential service) .................................................. 10
9. Workplace Forum -1 (Joint Decision Making) ...................................................................... 11
10. Unfair Dismissal - 1 (Automatically unfair reasons) ............................................................. 12
11. Unfair Dismissal - 2 (Strikes and reasons related to closed shops).................................... 13
12. Unfair Dismissal - 3 (Misconduct / incapacity) ................................................................... 14
13. Unfair Dismissal - 4 (Operational Requirements) ................................................................ 15
14. Unfair Labour Practice .......................................................................................................... 16
1
, 1. FREEDOM OF ASSOCIATION
Item Note
This procedure is relevant to the interpretation or application of
Chapter II. For example, if an employer threatens to dismiss an
employee unless the employee resigns from a trade union, that
Dispute employee can enforce the rights conferred by this chapter in terms of
the procedure. If a trade union threatens to boycott an employer, for
example, because the employer institutes proceedings against the
union, the employer can enforce the rights in the same way.
The dispute must be referred to a council if the parties to the dispute
Council
fall within the council's registered scope.
2
, 2. ORGANISATIONAL RIGHTS
Item Note
A registered trade union may notify an employer that it intends
to exercise organisational rights. The content of the notice is
Notification described in section 21(2). For example, if a registered trade
union is sufficiently representative, it may notify the employer
that it seeks to exercise the right of access.
The object of the meeting is to conclude a collective agreement
on the exercise of the organisational right. If there is no
agreement, the trade union can elect to exercise a right to
Meeting
strike, or it can refer the dispute to the commission. If the trade
union elects not to strike, it cannot refer a dispute over the
organisational rights to the commission for a period of 12 months.
The Act contemplates disputes and therefore determinations
about the definition of a workplace, the representativeness of
Determination
the union and the manner in which organisational rights are
exerted.
3
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller marissab. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R0,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53022 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now