- Title
- The right of non-unionised employees and minority unions to be consulted prior to dismissals based on operational requirements
- Creator
- Karuaihe, Janee, Raahua, Sigfried
- Subject
- Unfair labor practice
- Subject
- Employees--Dismissal
- Subject
- Labor unions
- Date Issued
- 2024-04
- Date
- 2024-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/64481
- Identifier
- vital:73738
- Description
- The position of workers and trade unions has changed drastically since the introduction of a Constitutional dispensation in South Africa. The Constitution affords both workers and trade unions protectable rights and greater influence at the workplace. To vindicate and assert these rights trade unions and workers approach the courts to vindicate these rights. Section 23 of the Constitution deals with labour rights and section 18 gives effect to the right to freedom of association. To give content to these rights the Constitution provides that courts must have regard to international law. In the context of these rights, one of the principles recognised by the International Labour Organisation through its Conventions is the principle of majoritarianism. In short, the principle endeavours to give effect to the will of trade unions representing the majority of employees in a workplace in relation to trade unions that represent the minority. This is achieved through collective bargaining, which typically results in the conclusion of collective agreements, whereby trade unions are given exclusive and or preferential rights. In AMCU v Royal Bafokeng the Constitutional Court held that, the principle of majoritarianism applies to and finds expression in section 189 of the Labour Relations Act. The effect of this judgment is that members of a minority trade union may be represented by a rival majority trade union during the consultation process when an employer has contemplated dismissals based on operational requirements. The minority judgement adopted a different approach, reasoning that, the principle of majoritarianism ought not to find application in the context of dismissals based on operational requirements. It found that section 189 is intended to give effect to the Constitutional right to fair labour practices and must therefore allow a fair procedure that permits an employee to choose who may represent him/her in a consultation process prior to dismissal.
- Description
- Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2024
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (61 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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Collections
NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Karomo,AA April 2024.pdf | 443 KB | Adobe Acrobat PDF | View Details Download | ||
| View Details Download | SOURCE2 | Adobe Acrobat PDF | 1 MB | Adobe Acrobat PDF | View Details Download |