24/7 National Hotline: 0860 163 272 info@neasa.co.za

INDUSTRIAL RELATIONS

View our Industrial Relations Services HERE

This page contains a brief history about the origins of Industrial Relations and Industrial Relations in South Africa today. NEASA provides expert Industrial Relations Services, including assistance with Diputes, Retrenchments, Conciliations and Arbitration processes.

THE ORIGINS OF INDUSTRIAL RELATIONS

INDUSTRIAL RELATIONS IN SOUTH AFRICA TODAY

THE ORIGINS OF INDUSTRIAL RELATIONS

Industrial relations was born out of necessity with the advent of the Industrial Revolution. Prior to this, organisations employing thousands of employees were non-existing. Also, no mechanisms existed to deal with the relationship between employers and employees. In face, this period was characterised by long working hours, unsafe working conditions and the exploitation of workers. As a result, these conditions led to violent strikes, instability and eventually the establishment of trade unions. Industrial relations services and solutions were desperately needed to mitigate this situation. Finally, in order to manage the employment relationship Industrial Relations Services came into existence.

Therefore, Industrial relations is the management of the relationship between an employer and an employee, in order to create a harmonious and productive working environment. In Addition, to balance the uneven bargaining powers between employers and employees.

Industrial relations aim to strike a balance between pure capitalistic, employer driven, economic principles and employee demands. However, in order to find this balance, governments had to create a legal framework to regulate industrial relations and employment relationships. In modern times, industrial relations became the tool used to manage relationships between employers, unions, employees and government.

If you require assistance, call us today and benefit from our Professional Industrial Relations Services.

INDUSTRIAL RELATIONS IN SOUTH AFRICA TODAY

Industrial relations Services include the management of the relationship between employers, unions and employees, within a legislative framework. In South Africa, the legislative framework is contained in the Constitution of the Republic of South Africa. The Constitution guarantees the fundamental rights to fair labour practices and collective bargaining through the Labour Relations Act. This Act sets out the rights of employers, employees and unions, as well as the manner in which to exercise these rights.

Thus, Industrial relations encompasses the area of collective bargaining with trade unions on conditions of employment. In addition, it also encompasses individual negotiations with employees where there is no trade union, employer policies, grievances, disciplinary measures, retrenchments, incapacities, strikes and lock outs. Finally, dispute resolution under the auspices of the CCMA and various bargaining councils are also included in the scope of Industrial Relations.

Although industrial relations aims to create a harmonious working environment, it is not always possible. This is due to the perceived competing interests and different ideological approaches of employers and employees.

Disputes

Therefore, disputes are commonplace, and the industrial relations legislative framework provides the mechanisms for resolving these disputes in a structured manner. However, these disputes can take various forms depending on the nature of the disagreement between the various parties. The most prominent disputes that confronts employers and employees, trade unions, labour relations consultants and employers’ organisations on a daily basis, are as follows: Disciplinary disputes, Disputes about conditions of employment, Incapacity, Retrenchments, Conciliations and Arbitrations.

NEASA provides expert Industrial Relations Services. We can assist with all the above mentioned disputes. Contact NEASA for inquiries and take full advantage of our Professional Industrial Relations Services.

INDUSTRIAL RELATIONS SERVICES

NEASA provides expert assistance with the following Industrial Relations Services.

DISCIPLINARY DISPUTES

DISPUTES ABOUT CONDITIONS OF EMPLOYMENT

INCAPACITY

RETRENCHMENTS

CONCILIATIONS

ARBITRATIONS

DISCIPLINARY DISPUTES

Disciplinary disputes deal with alleged transgressions of the disciplinary code. For example, either by the employer, employees or a breach of an employee’s duties as contained in his contract of employment. A disciplinary code sets out the rules of the workplace. Thus, should an employee break these rules, the employer can initiate a disciplinary dispute process as stipulated by the Labour Relations Act. Finally, the outcome of such disciplinary action may be a warning or the dismissal of such an employee. The outcome depends on the circumstances and nature of the transgression.

For more information on Disciplinary Procedures, Codes, and Actions, Click Here

DISPUTES ABOUT CONDITIONS OF EMPLOYMENT

Employment Condition disputes typically entail disagreements surrounding the working conditions and benefits of employees. For example, issues like wages, leave, medical aid, provident funds or any other mutual interest matter between employers and employees. Normally, employees are represented by a trade union. The trade union carries a mandate to speak for the collective. However, these disputes often result in strike actions if not resolved. Therefore, strike management and negotiations aimed at resolving the impasse, is an important function of industrial relations consultants and employers’ organisations.

INCAPACITY

Incapacity procedures encompass two different scenarios.

Ill health incapacity is a process whereby it has to be determined whether an employee is unable to continue to perform his duties due to illness, or due to injury. Furthermore, there is an obligation on the employer to attempt to accommodate the employee. For example, a situation where an employee has an injury on duty.

Poor work performance envisages a situation where an employee simply does not have the capability to perform a certain task satisfactorily. These tasks are normally measured against a set target which the employee continuously fails to achieve. The Labour Relations Act prescribes certain guidelines on how to deal with incapacity dismissals.

RETRENCHMENTS

Retrenchment is a complex process. Retrenchments are usually initiated when the employer needs to reduce his number of employees. This is due to the employer’s operational requirements. However, the operational requirements of employers may vary. Therefore, this situation will typically arise where the employer can no longer afford to pay the employees, or; due to changes in technology, the skills of some employees are no longer required, or; a company restructures itself resulting in some positions becoming redundant. However, the Labour Relations Act prescribes a very strict process which must be followed if retrenchments are contemplated. Retrenchment is a process an employer should not embark on without the assistance of an employers’ organisation, or labour consultant like NEASA.

If you require assistance with any of the above Industrial Relations Services, contact us or become a member.

CONCILIATIONS

All the processes described above aims to protect the rights of an employee. However, should an employee experience an infringement of his/her rights, he may refer the dispute to the CCMA, or relevant bargaining council. In fact, the CCMA and bargaining councils exist to resolve disputes between employers and employees. The conciliation process is the first step in this process. A conciliation is, simply put, an attempt by an independent commissioner to settle the dispute between the parties. Finally, if the parties are able to reach a settlement, it is the end of the matter.

ARBITRATIONS

In the event that a settlement cannot be reached at conciliation, the employee may request arbitration through the use of a commissioner. An arbitration is like a mini court case. For example, the commissioner hears evidence from both sides, and then decides which version is more probable. Furthermore, the commissioner has to determine whether a sanction implemented by the employer was appropriate under the circumstances.

All these relationships and dispute management functions fall within the arena of industrial relations. It is a complex and ever evolving field of law. Therefore, employers would be well advised to acquire the services of a professional labour consultant or employers’ organisation like NEASA to assist with the management of these issues.

NEASA provide expert Industrial Relations Services. Call us today and become a member!

Brooklyn Bridge Office Park

Steven House, 3rd Floor

570 Fehrsen Street

BROOKLYN

Pretoria

0181

South Africa

Tel: (+27)12 622 8971

If you do what you've always done, you'll get what you've always gotten.

Tony Robbins.