SHRM (Unfair Labour Practices and Collective Bargaining)

8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)

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UNFAIR LABOUR PRACTICESUNFAIR LABOUR PRACTICES


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UnfairUnfair LabourLabour PracticePractice

It is unfair treatment by an employer of an

employee or job applicant. There are a limited

number of unfair labour practices that the LRA

defines, the types of treatment, which mayconstitute an unfair labour practice, are

discussed hereunder. Section 185 of the LRA

states that every employee has the right not to

be subjected to an unfair labour practice.


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Meaning Of UnfairMeaning Of Unfair LabourLabour PracticePractice

y The unfair conduct of the employer relating to the

promotion, demotion or training of an employee or

relating to the provision of benefits to an employee.

y The unfair suspension of an employee or any other

disciplinary action short of dismissal in respect of an

employee.

y The failure or refusal of an employer to reinstate or re-

employ a former employee in terms of any agreement.

y An occupational detriment, other than dismissal, incontravention of the Protected Disclosures Act, 2000,

on account of an employee having made a protected

disclosure as defined in that Act.


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UNFAIR CONDUCT RELATING TOUNFAIR CONDUCT RELATING TO

PROMOTION, DEMOTION,PROMOTION, DEMOTION,

TRAINING OR BENEFITSTRAINING OR BENEFITS

This usually involves cases where the employer

deviates from its own promotion or training

policy or where the employee alleges that thepromotion, demotion or training is in itself

unfair.


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UNFAIR SANCTION OR DISCIPLINARYUNFAIR SANCTION OR DISCIPLINARY

ACTIONACTION

Usually an employee would refer a dispute

relating to the unfairness of disciplinary

measures taken, based on the merits of theirinnocence in the alleged wrongdoing.


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REFUSALREFUSAL BY AN EMPLOYER TOBY AN EMPLOYER TO

REINSTATE FORMERREINSTATE FORMER

EMPLOYEE IN TERMS OF ANYEMPLOYEE IN TERMS OF ANYAGREEMENTAGREEMENT

This type of unfair labour practice requires an

agreement to have been in existence (verbal,written, individual or collective).Usually these

disputes arise in retrenchments situations.


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UNFAIRUNFAIR TREATMENT CREATING ANTREATMENT CREATING AN

OCCUPATIONALOCCUPATIONAL

DETRIMENT FOR AN EMPLOYEE WHODETRIMENT FOR AN EMPLOYEE WHOMADEMADE A PROTECTED DISCLOSUREA PROTECTED DISCLOSURE

If an employee makes a protected disclosure as set out

in that Act e.g. makes a disclosure regarding the conductof an employer as he/she has reason to believe that the

information shows that the employer is committing a

criminal offence, and is thereafter prejudiced for making

such disclosure by being demoted, such conduct of the

employer would constitute an unfair labour practice.


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DISPUTE ABOUT UNFAIRDISPUTE ABOUT UNFAIR

TREATMENTTREATMENT

All the disputes about forms of unfair

treatment may be referred firstly to conciliation

conducted either by a bargaining council.


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WHEN TO REFER AN UNFAIR LABOURWHEN TO REFER AN UNFAIR LABOUR

PRACTICE DISPUTEPRACTICE DISPUTE

Section 191 states that the employee has 90

days from the date of the act or omission which

allegedly constitutes an unfair labour practiceor, if it is a later date, within 90 days of the date

which the employee became aware of the act

occurrence.


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COLLECTIVE BARGAININGCOLLECTIVE BARGAINING


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What is Collective Bargaining?What is Collective Bargaining?

The procedure opted by employers and

workers to reach a collective agreement

regarding employment terms and rights and the

duties of workers is known as collectivebargaining. Collective bargaining aims to resolve

issues pertaining to wages, working conditions,

health and safety, and working hours of

workers.


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PROCESS OF COLLECTIVEPROCESS OF COLLECTIVE

BARGAININGBARGAINING

TheThe collectivecollective bargainingbargaining processprocess comprisescomprises ofof fivefive corecore stepssteps::

Prepare

Discuss

Propose

Bargain

Settlement


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FUNCTIONS OF COLLECTIVEFUNCTIONS OF COLLECTIVE

BARAGAININGBARAGAINING

1.Adjustment and balance of power between the management and union

when they are in conflict with each other. This function of the system of

collective bargaining is one of the methods of effecting social change.

2.When two parties are in a state of continuous conflict, it helps in bringing

about compromise, truce or agreement for establishing peace between the

parties. Industrial truce results when two parties to a dispute arrive at acompromise or agreement without resorting to strike or lock-out. Such

truce may be stable or temporary. It depends upon the parties as to what

extent one party is willing to sacrifice and the other party is willing to

accept the demands, or terms. Both the parties are morally bound to

implement the agreement once it is signed.

3.For establishing industrial jurisprudence it analyses the rights and duties ofconflicting parties.

4.It also adjusts labour management disputes apart from performing functions

like negotiation,

administration and enforcement of agreements by which union managemen

t relationship is governed


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COLLECTIVE BARGAINING STRATEGIESCOLLECTIVE BARGAINING STRATEGIES

y Traditional Collective Bargaining

y Non-traditional Collective Bargaining

SHRM (Unfair Labour Practices and Collective Bargaining)

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