LLW2601 Study Guide

Topics: Trade union, Labour relations, Strike action Pages: 63 (11511 words) Published: April 29, 2014
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University of South Africa
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LLW2602/1/2014
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CONTENTS
Page

Introductionv
Part I:

Introduction to Labour Law1
Study unit 1: Freedom of association and organisational rights 1.1 With what does this study unit deal?
1.2 Key concepts to look out for in the unit
1.3 Prescribed material
1.4 Important aspects for discussion
1.5 Practical questions
1.6 Africanisation and labour law

Part IV:

1
1
1
2
2
4
6

Rules applicable to collective Labour Law7
Study unit 2: Collective bargaining and workplace forums
2.1 With what does this study unit deal?
2.2 Key concepts to look out for in the unit
2.3 Prescribed material
2.4 Important aspects for discussion
2.5 Practical questions
2.6 Africanisation and labour law

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7
8
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10
11

Study unit 3: Strikes and lock-outs (part A)
3.1 With what does this study unit deal?
3.2 Key concepts to look out for in the unit
3.3 Prescribed material
3.4 Important aspects for discussion
3.5 Practical questions
3.6 Africanisation and labour law

13
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15
16

Study unit 4: Strikes and lock-outs (part B)
4.1 With what does this study unit deal?
4.2 Key concepts to look out for in the unit
4.3 Prescribed material
4.4 Important aspects for discussion
4.5 Practical questions
4.6 Africanisation and labour law

17
17
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21

Study unit 5: Secondary strike, picket and protest action
5.1 With what does this study unit deal?
5.2 Key concepts to look out for in the unit
5.3 Prescribed material
5.4 Important aspects for discussion
5.5 Practical questions
5.6 Africanisation and labour law

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26

LLW2602iii



iv



INTRODUCTION
Welcome to this module in Collective Labour Law (LLW2602).
In this module we would like to teach you more about the dynamics of the employment relationship where employees act in a group and where they interact with employers as a group.
You will learn more about the rules that govern this collective relationship and interaction and you will also learn more about the legal consequences which flow from these relationships.
It is important to know why Collective Labour Law forms part of your degree. Labour law impacts on the employment relationship. If you work in Human Resources or when you manage labour relationships, it is important to know that there is legislation which forces you to do certain things and prohibits you from doing certain things. These legal guidelines provide the parameters within which employment relationships must be managed. Collective bargaining, which is part of Collective Labour Law, plays an important role in establishing terms and conditions of employment in industries through collective agreements. The force and effect of collective agreements should therefore be understood by all labour law and labour relations practitioners. When a relationship is labeled an employment relationship it falls under the protective scope of labour law. There are various Acts which impact on the labour relationship. For purposes of collective labour law the most important one is the Labour Relations Act. Other labour Acts are the Basic Conditions of Employment Act, the Employment Equity Act, the Skills Development Act, the Compensation for Occupational Injuries and Diseases Act, the Unemployment Insurance Act and the Occupational Health and Safety Act (hereafter ‘OHSA’).

The employment relationship is a concept with which most students are familiar. The impact of legislation on the relationship and how it is regulated is also widely known. What is not always appreciated, however, is the fact that labour law exhibits the same values as ubuntu which is a concept embedded in...
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