- Title
- The substantive fairness of dismissal for operational requirements in the context of collective bargaining
- Creator
- Mtshemla, Ntokozo
- Subject
- Gqeberha (South Africa)
- Subject
- Eastern Cape (South Africa)
- Subject
- Collective bargaining
- Date Issued
- 2021-04
- Date
- 2021-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/51195
- Identifier
- vital:43222
- Description
- An employer may wish to change terms and conditions of employment in order to respond to the operational needs of a business. The definition of operational requirements is not limited to initiatives aimed at ensuring the survival of a business but include measures intended to improve its performance. Changes to terms and conditions of employment ordinarily locate themselves within the realm of interest disputes which are mainly resolved through the process of collective bargaining coupled with power play. This means that an employer may not dismiss employees within the context of collective bargaining as a way of compelling compliance with a demand in relation to matters of mutual interest. Section187(1)(c) of the LRA renders any dismissal automatically unfair if the reason for the dismissal is a refusal by employees to accept a demand in respect of any matter of mutual interest. The question that arises relates to the interpretation of this section and the impact thereof on the right of the employer to retrench as envisaged in section 188(1)(a)(ii) of the LRA. This reveals the intersection between collective bargaining and dismissals for operational requirements. In other words, changes to terms and conditions of employment equally influence the performance of the business thereby also fall within the definition of operational requirements. The question therefore is when do employers’ economic needs justify a dismissal of employees who rejects changes to terms and conditions of employment? Secondly, whether or not the relevant provisions, and the whole scheme of the LRA, require retrenchments to be the measure of last resort? These issues shall be explored in this treatise with reference to the relevant provisions of the LRA and relevant case law.
- Description
- Thesis (LLM) -- Faculty of Law, Mercantile Law, 2021
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (ix, 81 leaves)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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