- Title
- The extension of collective agreements to non- parties for dismissal for operational requirements
- Creator
- Lupondwana, Masiza Howard
- Subject
- Labor laws and legislation--South Africa
- Subject
- Unfair labor practices
- Date Issued
- 2022-12
- Date
- 2022-12
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/59724
- Identifier
- vital:62387
- Description
- Section 23 (1) of the Constitution of the Republic of South Africa1 states that “Everyone has the right to fair labour practice. (2) Every worker has the right to – (a) to form and join a trade union; (b) to participate in the activities and programmes of a trade union; and (c) to strike’’. The Labour Relations Act 2 (the LRA) was enacted to give effect to section 23 of the Constitution, to regulate the organizational rights of trade union, to promote and facilitate collective bargaining at the workplace and at sectoral level. Its purpose is to advance the economic development, social justice, labour peace and democratization of the workplace by fulfilling the primary objectives of this Act. Firstly, this study seeks to critically examine the extension of collective agreements and effect of section 23(1) (d) in both small- and large-scale retrenchments (s189 & 189 A). A right to fair dismissal is a guaranteed employment right as outlined in section 185 of the LRA. Danielle Venn writes that “legislation is not the only source of employment, labour law clearly set a minimum standard while collective agreements or individual contracts can include provisions more generous to employees than those in legislation.3 This indicates that collective agreements are mechanisms aimed at creating conducive working conditions of employment between the employer and employee in the workplace. By ensuring that resolutions aimed at promoting general welfare of employees are implemented, regulating and enhancement of employee benefits, and other matters of mutual interest are expressed in the agreement. Individual employment law has express terms which clearly state that an employment contract may incorporate the employer’s disciplinary code of conduct. This mostly include procedure to be followed during termination of service or dismissal.
- Description
- Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2022
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (57 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 | Lupondwana, MH Dec 2022.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |