Labour Law

Labour Law MRL3702

1st Semester 2014 Assignment 02

Question 1

Collective agreement is defined in the Labour Relations Act as a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded between one or more registered trade unions on the one hand and one or more employers or registered employer’s organisations on the other hand. There are three important elements that distinguish a collective agreement from any other agreement between employees and employers: - A collective agreement must be in writing - Only a registered trade union can be a party to a collective agreement and - A collective must regulate terms and conditions of employment or any other matter of mutual interest between a trade union and the employers’ organisations.

Question 2

Registered unions that, either alone or jointly, have the majority of employees as members have a right to disclosure of information. The information however, must be relevant and necessary in order for them to perform their duties or to bargain collectively, not withstanding, this does not preclude on individual or union from access to information as this right is entrenched in the constitution. Unions can be bound to confidentiality with regards to information sought and restricted from disseminating it to non -relevant parties. The employer can therefore refuse to reveal information :

- That is legally privileged - That the employer may not disclose without contravening a law or court order, - That is confidential and, if disclosed, may cause substantial harm to the employee or the employer, and - Private personal information relating to an employee (unless the employee has consented to the disclosure). Any dispute with regards to the disclosure of information must be referred to arbitration; hence no strike action is permissible. The arbitrator must decide first whether the information is relevant and therefore balance the scale as to whether the...