- Title
- Collective bargaining challenges in the public service sector
- Creator
- Maleka, Reuben Mpono
- Subject
- Collective bargaining -- South Africa
- Subject
- Collective labor agreements -- South Africa
- Subject
- Arbitration, Industrial -- South Africa
- Date Issued
- 2024-04
- Date
- 2024-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/66283
- Identifier
- vital:74474
- Description
- The concept of collective bargaining is a very old employment relations concept that has evolved and developed over the years. The concept originated in the British trade union and other related labour movement,1 but it was Samuel Gompers, an American labour leader, who developed its common use in his country. Over the years the use and development of collective bargaining has spread over the world and therefore “collective bargaining has a long history, evidenced by developments in different countries, as well as by the importance it has played in granting workers a greater voice in organizations”.2 The Labour Relations Act, 66 of 1995 (“LRA”) was enacted with the view to facilitate collective bargaining3 between employers, employers' organizations, trade unions, and employees in order to set working conditions, develop industrial policy, and deal with other issues that are of common interest.4 In practice, collective bargaining involves demand and concession between parties up until a compromise can be found.5 Hence, collective bargaining may not be reduced to mere consultations, as it requires each party to not simply attend to and consider the representations of the other, but also sacrifice fixed positions whenever possible in order to reach a compromise.6 Notably, traditional collective bargaining is a mechanism to negotiate the terms and conditions of employment and is not a vehicle to facilitate joint decision making.7 The greatest net benefit from collective bargaining can be obtained when a system that promotes good faith bargaining and the efficient enforcement of collective agreements is in place
- Description
- Thesis (LLM) -- Faculty of Law, Department of Mercantile Law, 2024
- Description
- The concept of collective bargaining is a very old employment relations concept that has evolved and developed over the years. The concept originated in the British trade union and other related labour movement, but it was Samuel Gompers, an American labour leader, who developed its common use in his country. Over the years the use and development of collective bargaining has spread over the world and therefore “collective bargaining has a long history, evidenced by developments in different countries, as well as by the importance it has played in granting workers a greater voice in organizations”. The Labour Relations Act, 66 of 1995 (“LRA”) was enacted with the view to facilitate collective bargaining between employers, employers' organizations, trade unions, and employees in order to set working conditions, develop industrial policy, and deal with other issues that are of common interest. In practice, collective bargaining involves demand and concession between parties up until a compromise can be found. Hence, collective bargaining may not be reduced to mere consultations, as it requires each party to not simply attend to and consider the representations of the other, but also sacrifice fixed positions whenever possible in order to reach a compromise. Notably, traditional collective bargaining is a mechanism to negotiate the terms and conditions of employment and is not a vehicle to facilitate joint decision making. The greatest net benefit from collective bargaining can be obtained when a system that promotes good faith bargaining and the efficient enforcement of collective agreements is in place
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (71 pages)
- 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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NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | RM MALEKA April 2024_.pdf | 594 KB | Adobe Acrobat PDF | View Details Download |