LABOUR LAW REPRESENTATION

With the establishment of Labour Law, an employee may now only be dismissed for misconduct, operational reasons and incapacity. The Labour Relations Act 1995 is a pivotal piece of labour law, as it ensures that labour disputes are resolved quickly and efficiently.

The Labour Relations Act 1995 also regulated the issues of fairness during employment and in terms of termination. Later, in 1998, most of the law with regards to unfair treatment based on discrimination was removed from the Labour Relations Act 1995 and added to the Employment Equity Act (EEA). Therefore, the EEA deals with fairness in the workplace in relation to discrimination.

Before 1995, labourers still faced accessibility issues in terms of assistance with Labour Law matters. However, in 1995 these accessibility issues faced by labourers were also corrected. This was due to the introduction of the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA aims to conciliate between employers and employees. However, if it is unsuccessful in this, the matter moves to arbitration. Additionally, the entire process is very informal, and at no charge. Therefore, labourers has easy access to professional assistance with matters concerning labour law.

In addition, 1995 saw the establishment of bargaining councils. As a result, this allowed open communication across industries. A bargaining council is a body established by one or more employers’ organisations and one or more trade unions. Also, it must be registered under the Labour Relations Act for a particular industry. Generally, the aim of a bargaining council is to maintain labour peace in the sector.

The Constitution contains several provisions for employment and labour law. For example:
• The right to equality
• Protection of dignity
• Protection against servitude, forced labour and discrimination
• The right to pursue a livelihood
• Protection for children against exploitative labour practices and work that is detrimental to their well-being.

Specifically with regards to labour law, section 23 of the Constitution deals with labour relations. It states that everyone has the right to fair labour practices.
Every employee has the right to:
• form and join a trade union;
• participate in the activities and programmes of a trade union
• strike

Every employer, meanwhile, has the right to:
• Form and join an employers’ organisation; and
• Participate in the activities and programmes of an employers’ organisation.

Every trade union and every employers’ organisation has the right to:
• to determine its own administration, programmes and activities
• to organise
• to form and join a federation

Finally, every trade union, employers’ organisation and employer has the right to engage in collective bargaining.

There is and always will be a power play between employers and employees. This power play is monitored and regulated through collective labour law. The basic rights and duties of Employees and Employers are stipulated in the Labour Relations Act as mentioned above. However, when new terms and conditions have to be created in the industry or workplace, there are no legislation to regulate these new terms and conditions. Therefore, these changes must first and foremost be decided on by the applicable parties that will be affected by these changes. For example, annual increase rates for employees, or whether employees should be permitted to take Friday afternoons off. It is often impossible to regulate matters of mutual interests like these. Therefore, Collective Bargaining is used to achieve a consensus between the different parties on such new terms and conditions. Thus, Collective Bargaining forms an important part of Labour Law.

As expected, Collective Bargaining also has to be regulated. Thus, the Labour Relations Act provides basic rules in order to protect both parties and to achieve agreements in a safe and effective manner.

A trade union is an association of employees with the main purpose of regulating relations between employees and employers/employers’ organisations. On the other hand, an employer organisation is any number of employers associated together for the purpose, regulating relations between employers and employees/trade unions.

The Labour Relations Act regulates the registration of these trade unions and employers’ organisations. Additionally, it also regulates organisational rights, strikes and lock-outs. The Labour Relations Act provides the right to freedom of association.

As mentioned previously, Trade Unions and Employers Organisations continuously participate in a power play for more benefits. Employees create pressure on the employer through strike actions, while the employer creates pressure on the employees by means of a lock-out. However, it is important to follow the processes set out by the Labour Law. Unlawful strikes and lock-outs could result in major losses to both parties.

Freedom of association, is one of the basic principles of labour law. This can be seen in the Labour Relations Act and in the Constitution. Freedom of association is based on basic human needs for society and community in a freely chosen enterprise. Thus, to protect individuals from the vulnerability of isolation and to ensure that people benefit from participating in a society. In short, people have the right to associate with others in order to defend and protect their common interests. In conclusion, people have both an individual and a collective human right.