IOP3706
ASSESSMENT 2
Collective bargaining happens when workers, often organized by a
union, and their employer meet to talk and settle key topics such as
wages, working conditions, and benefits. This is done through a
structured process where both sides have representatives who negotiate
to reach a fair agreement for everyone involved.
In South Africa, collective bargaining and the resolution of labour disputes
are managed by several statutory structures, including:
Bargaining councils
Bargaining happens when workers, often represented by a union, and
their employer meet to settle key disputes, such as wages, job conditions,
and benefits specific to an industry or sector.
Statutory councils
If a trade union, which represents at least 30% of workers in a certain
industry, or a group of employers, wants to, they can ask the Registrar to
set up a statutory council in their sector if there isn’t already a bargaining
council. This statutory council can manage medical aid, sick pay, and
unemployment. It can also help with training and education, settle
disputes, and take on other tasks that a bargaining council might handle,
if everyone agrees to incorporate as powers of the statutory council.
The Commission for Conciliation, Mediation and Arbitration
(CCMA)
The Labour Relations Act (LRA) make provision for an independent body
responsible to resolve disputes, named the CCMA. In industries like
security and retail that do not fall under a bargaining council, disputes will
be referred to the CCMA.
Private dispute resolution
Private companies can apply for accreditation, who can then be appointed
to facilitate arbitration and conciliation.
The Labour Court and Labour Appeal Count
The Labour Court is a high-level court that deals with work-related legal
issues, and it has similar powers to those of a provincial High Court. If
someone wants to challenge a decision made by the Labour Court, they
can appeal to the Labour Appeal Court. This court handles appeals and
can make final decisions on issues that come from the Labour Court.
ASSESSMENT 2
Collective bargaining happens when workers, often organized by a
union, and their employer meet to talk and settle key topics such as
wages, working conditions, and benefits. This is done through a
structured process where both sides have representatives who negotiate
to reach a fair agreement for everyone involved.
In South Africa, collective bargaining and the resolution of labour disputes
are managed by several statutory structures, including:
Bargaining councils
Bargaining happens when workers, often represented by a union, and
their employer meet to settle key disputes, such as wages, job conditions,
and benefits specific to an industry or sector.
Statutory councils
If a trade union, which represents at least 30% of workers in a certain
industry, or a group of employers, wants to, they can ask the Registrar to
set up a statutory council in their sector if there isn’t already a bargaining
council. This statutory council can manage medical aid, sick pay, and
unemployment. It can also help with training and education, settle
disputes, and take on other tasks that a bargaining council might handle,
if everyone agrees to incorporate as powers of the statutory council.
The Commission for Conciliation, Mediation and Arbitration
(CCMA)
The Labour Relations Act (LRA) make provision for an independent body
responsible to resolve disputes, named the CCMA. In industries like
security and retail that do not fall under a bargaining council, disputes will
be referred to the CCMA.
Private dispute resolution
Private companies can apply for accreditation, who can then be appointed
to facilitate arbitration and conciliation.
The Labour Court and Labour Appeal Count
The Labour Court is a high-level court that deals with work-related legal
issues, and it has similar powers to those of a provincial High Court. If
someone wants to challenge a decision made by the Labour Court, they
can appeal to the Labour Appeal Court. This court handles appeals and
can make final decisions on issues that come from the Labour Court.
