CEPPWAWU Chemical Energy Paper Printing Wood and Allied Workers Union FAWU Food and Allied Workers Union. NCBAWU National Construction Building and Allied Workers Union NEHAWU National Education Health and Allied Workers Union NUM National Union of Mineworkers.
Introduction and context of the research
- Background
- Problem statement
- Objectives of the research
- Conceptual framework
- Research methodology
- Structure of the dissertation
18 The purpose of the right to strike is to create a kind of equilibrium in the collective bargaining system. Reference is made to the Constitution,21 as the primary source of the right to strike.
The laws governing strikes
Introduction
The legal framework
- The statutory definition of a strike
- The different forms of strike
- The two different kinds of strike
- The right to strike
- Limitations on the right to strike
It is about strikes that do not comply with the procedural requirements of Article 64 of the LRA. The Labor Appeals Court held that the strike was unprotected because the employees' claim required the employer to violate the supervisor's right not to fire without a hearing.109.
Conclusion
Introduction
The formation of proper relationships with employees through collective agreements 21
Article 26(1) of the LRA provides for a closed shop agreement entered into between an employer and a trade union. This means that an employee does not have the freedom not to join a union even though two-thirds of the employer's workforce has voted in favor of joining a union of their choice. An obvious reason for this is that trade unions are reluctant to question the constitutionality of section 26(1) of the LRA.
Pursuant to LRA section 18, subsection 1, such a majority association together with the employer has the right to enter into a collective agreement that sets a threshold for the members' representation of the employer's workforce, which must be met by a trade union. This is to be recognized as a trade union with the benefit of the organizational rights that come with such recognition under section and 15152 of the LRA.153. If a trade union does not meet the threshold set by the employer and the majority union, they are not recognized as a trade union and do not have the organizational rights of sections 12, 13 and 15 of the LRA.
An additional obstacle is that minority unions and their employees, along with employees who are not members of any union, are bound by the provisions of the collective agreement. This is true if members of the majority union make up the majority of the workforce in the workplace.
Prohibitory interdict
If all four questions are answered in the affirmative, the court will grant the applicant a temporary restraining order. Although employers sometimes disobey court injunctions, it is more common for strikers to disobey them.187 Such an act constitutes contempt of court, as Article 165 (5) of the Constitution clearly states that orders are binding on persons to whom they apply. 188 Van Niekerk cites several examples of the different ways in which strikers react to strike bans. He notes that some strikers "refuse to accept them, or throw [them] on the ground and trample on them".189 He notes that the growing disregard for court injunctions is a threat to the rule of law.190 The disregard was further repeated. by the Labor Court of Appeal in Modise and others v Steve's Spar Blackheath,191 which noted: “It is becoming disturbingly clear that court orders, both by employers and employees, are not invariably treated with the respect they should seek."192.
Myburgh argues that the Labor Court can do little to ensure that strikers comply with strike bans.193 This is because the core of the reason for strikes and strike violence is the lack of change in the social and economic status of workers.194 This makes the issue of strikes and strike violence more of a political issue than a legal one.195 He further agrees with Ngcukaitobi that the legislative and executive branches of government have a greater role to play in reducing or eradicating strike violence. This is by creating a legal framework in which both parties to the employment relationship can adequately address their concerns.196 Further, the executive branch of government is tasked with enforcing laws enacted by the legislature and ensuring that the provision of services to be performed efficiently for citizens. .197 The Labor Court simply applies the laws issued by the legislature. 198. Thus, although a stoppage is one of the mechanisms an employer can use to minimize and/or prevent strike violence, due to the increasing disregard for strike stoppages, one can agree with Myburgh that “stoppages are now often it's not worth the letters are written anymore.”199 Thus, it may be necessary for an employer to take a further legal step (such as bringing actions and seeking tort damages) when strike violence results in damage to employee property. employers.
Delictual claim for damages
Charge for misconduct
Conclusion
Misconduct during strikes and dismissal for misconduct
- Introduction
- Malicious Damage to property
- Intimidation
- Assault
- Derivative misconduct
- Does the concept of derivative misconduct place a heavy burden on employees? . 44
- Strike action and dismissals
- Conclusion
Trust is therefore the basis of the relationship between employer and employee and inferred misconduct is based on this idea. The reason for this is that an employee's misconduct in the workplace is an issue in which the employer has a direct interest, as it adversely affects the employer's business. However, the workers collectively refused to help the employer as they repeatedly denied knowing anything about the discarded kimberlite samples.
The evidence before the employer required an answer that was best provided by the employees. This way, the employer's employees can concentrate on the work they were hired for. The Labor Court ruled that the employer's meeting with the strikers' representatives constituted a fair trial as intended.
However, the employer was only able to dismiss the employees after further engagement with the union and was satisfied that the employees would still not comply with the notice. Finally, if the circumstances of the strike (due to its intensity) do not allow the employer to implement any of the above measures, the employer can fire the workers.
The liability of trade unions
- Introduction
- The rights of trade unions and employers’ organisations
- The duties of trade unions
- A union’s liability under the Regulation of Gatherings Act and the Constitution
- The section creating the liability
- The impact of section 11 (1) on a union’s right to freedom of assembly under the
- Exemption from liability under the Regulation of Gatherings Act
- The circumstances in which a member can claim damages from a union
- Strike or lock-out that is not in compliance with the LRA
- Conclusion
This has the potential to discourage trade unions from exercising their right to freedom of assembly in terms of section 17 of the Constitution. The author of this thesis is of the opinion that section 11 (2) does not limit the right in section 17 of the Constitution. The Labor Court ordered the union to pay the costs of the company's urgent application to prohibit the strike.322.
Furthermore, there was no evidence whatsoever that any organ of the union supported the conduct in question, let alone authorized it. The company did not prove that the union authorized, instigated or sanctioned the commission of the offence. Moreover, there was no evidence that the trust board or the agents of the union at the mill were involved in the action.
The Labor Court consequently found that the company had failed to meet the onus on him to prove that the union was liable to compensate him for any damage he may have suffered as a result of the mill being closed during the strike. 324. However, for a court to hold a trade union liable to an employer or its members, either party must be able to prove that they have suffered loss as a result of the trade union's actions or lack thereof.
The socio-economic and socio-political factors driving strike violence
- Introduction
- The description or definition of structural violence
- The 1992 and 2007 public service strikes in South Africa
- The Marikana strike
- Conclusion
The strike began at Chris Hani Baragwanath Hospital in Johannesburg, Gauteng and spread to thirty-two other hospitals in the former Transvaal province. It also started at Chris Hani Baragwanath Hospital and spread to other hospitals in Gauteng province. In an interview during the 2007 strike, one of the people who participated in the strike said that: “since I was born, I have seen [that] all strikes are violent.
337 K von Holdt 'The Violence of Order, Orders of Violence: between Fanon and Bourdieu' (2012) 6 available at: http://www.swopinstitute.org.za/files/Violence_CurrentSocio_Vdense.pdf, accessed 9 May 2013 .The fact that violence was a crucial tool in the resistance movement's struggle against the apartheid government appears to have influenced the spread of violent strikes in post-apartheid South Africa. Von Holdt describes this as: 'the law of the majority in the trade union'.345 It is in such cases that some employees believe that it is justified to violate the law.
He states that these were exactly the same poor working conditions that miners experienced under apartheid and that they have not changed.355 Hartford notes that the rock drill operators are the worst off of all the employees who work in the mines. The Marikana strike, among others that have taken place in the mining sector since then (such as the record five-month platinum strike that took place earlier this year) is a clear indication that the arguably subhuman treatment of miners has taken its toll on them , and that they are willing to fight this, despite the cost.
Recommendations and conclusion
- Introduction
- Any alternative to majoritarianism?
- Analysis of section 64 of the LRA
- Analysis of section 65 of the LRA
- Analysis of the socio-economic and socio-political factors that drive strike violence
- Summary of the chapters and final remark
Both purposes of the pre-strike procedures in section 64 of the LRA are clear. Thus, the author suggests that strike violence in South Africa can be attributed to a limited extent to some (flawed) laws of the country. (c) examine whether there is a need to improve legal mechanisms and provide some possible solutions that could help curb violent strikes; (d) explore the importance of the right to strike and discuss the challenges posed by this right.
The right to strike is set out in Article 23(2)(c) of the Constitution and Article 64 of the LRA. The study states that the constitution does not explicitly limit the right to strike, however, the right to strike is subject to a general limitation clause from Article 36 of the constitution. The study analyzed the responses of some striking public services in 1992 and 2007.
The study discussed some of the structural violence experienced by miners that many scholars and researchers believe led to the Marikana massacre. Creamer, K 'The significance and consequences of the inclusion in the constitution of a strike and exclusion of a lock-out right: towards asymmetric parity in the regulation of labor effort ILJ 1-21.
