Employer Relations

TABLE OF CONTENTS

PAGE

1. INTRODUCTION 1

2. BARGAINING COUNCIL / CCMA 2

3. TRADE UNION REPRESENTATION 3

4. PROTECTED STRIKE OR LOCKOUT 3

4.1 Procedures for a Protected Strike or Lock Out 3

4.2 Un-procedural Protected Strikes or Lock-out 4

5. SCAB LABOUR 5

6. OBTAINING THE COURT INTERDICT 5

7. NO - WORK - NO - PAY PRINCIPLE 6

7.1 Strikes and lockouts 6

7.2 Maternity Leave 7

8. FAIR, UNFAIR AND AUTOMATICALLY UNFAIR DISMISSAL 8

8.1 Fair Dismissal 8

8.2 Unfair Dismissal 8

8.3 Dismissal of the Shop Steward 9

8.4 Automatically unfair dismissal 10

9. FAIR AND UNFAIR DISCRIMINATION 11

9.1 Fair Discrimination 11

9.2 Unfair Discrimination 11

10. CONSEQUENCES OF THE PROPOSED ACTION OF THE MANAGER AND THE EMPLOYEES 12

10.1 Consequences of the Proposed Action of the Manager 12

10.2 Consequences of the Proposed Action of the employees 14

11. RECOMMENDATIONS 15

12. CASE REFERENCES 17

13. REFERENCES 17

1. INTRODUCTION

According to Finnemore, 2002 Labour relations is the relation between an employer and an employee in both the public and the private sectors, and wherever people are employed to do work. This can also form part of the larger interest groups such as national/ international as employer organisations and the state.

Industrial revolution in the early 1700’s brought with it a range of labour relations’ development. The development of new technologies encouraged mass production and such little attention was paid to the working conditions of the employees. The response of this was what set the scene for the labour relations. The unitarist society was the system at the time. As the society evolved to liberal pluralism where it is excepted that society is composed of diverse competing interest groups and therefore conflict will develop, systems have to be set up to address this conflict (Finnemore, 2002).

Employers and employees are constantly faced with issues in the workplace which can...