SHRM (Unfair Labour Practices and Collective Bargaining)
-
Upload
manisha-mishra -
Category
Documents
-
view
220 -
download
0
Transcript of SHRM (Unfair Labour Practices and Collective Bargaining)
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
1/14
UNFAIR LABOUR PRACTICESUNFAIR LABOUR PRACTICES
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
2/14
UnfairUnfair LabourLabour PracticePractice
It is unfair treatment by an employer of an
employee or job applicant. There are a limited
number of unfair labour practices that the LRA
defines, the types of treatment, which mayconstitute an unfair labour practice, are
discussed hereunder. Section 185 of the LRA
states that every employee has the right not to
be subjected to an unfair labour practice.
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
3/14
Meaning Of UnfairMeaning Of Unfair LabourLabour PracticePractice
y The unfair conduct of the employer relating to the
promotion, demotion or training of an employee or
relating to the provision of benefits to an employee.
y The unfair suspension of an employee or any other
disciplinary action short of dismissal in respect of an
employee.
y The failure or refusal of an employer to reinstate or re-
employ a former employee in terms of any agreement.
y An occupational detriment, other than dismissal, incontravention of the Protected Disclosures Act, 2000,
on account of an employee having made a protected
disclosure as defined in that Act.
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
4/14
UNFAIR CONDUCT RELATING TOUNFAIR CONDUCT RELATING TO
PROMOTION, DEMOTION,PROMOTION, DEMOTION,
TRAINING OR BENEFITSTRAINING OR BENEFITS
This usually involves cases where the employer
deviates from its own promotion or training
policy or where the employee alleges that thepromotion, demotion or training is in itself
unfair.
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
5/14
UNFAIR SANCTION OR DISCIPLINARYUNFAIR SANCTION OR DISCIPLINARY
ACTIONACTION
Usually an employee would refer a dispute
relating to the unfairness of disciplinary
measures taken, based on the merits of theirinnocence in the alleged wrongdoing.
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
6/14
REFUSALREFUSAL BY AN EMPLOYER TOBY AN EMPLOYER TO
REINSTATE FORMERREINSTATE FORMER
EMPLOYEE IN TERMS OF ANYEMPLOYEE IN TERMS OF ANYAGREEMENTAGREEMENT
This type of unfair labour practice requires an
agreement to have been in existence (verbal,written, individual or collective).Usually these
disputes arise in retrenchments situations.
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
7/14
UNFAIRUNFAIR TREATMENT CREATING ANTREATMENT CREATING AN
OCCUPATIONALOCCUPATIONAL
DETRIMENT FOR AN EMPLOYEE WHODETRIMENT FOR AN EMPLOYEE WHOMADEMADE A PROTECTED DISCLOSUREA PROTECTED DISCLOSURE
If an employee makes a protected disclosure as set out
in that Act e.g. makes a disclosure regarding the conductof an employer as he/she has reason to believe that the
information shows that the employer is committing a
criminal offence, and is thereafter prejudiced for making
such disclosure by being demoted, such conduct of the
employer would constitute an unfair labour practice.
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
8/14
DISPUTE ABOUT UNFAIRDISPUTE ABOUT UNFAIR
TREATMENTTREATMENT
All the disputes about forms of unfair
treatment may be referred firstly to conciliation
conducted either by a bargaining council.
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
9/14
WHEN TO REFER AN UNFAIR LABOURWHEN TO REFER AN UNFAIR LABOUR
PRACTICE DISPUTEPRACTICE DISPUTE
Section 191 states that the employee has 90
days from the date of the act or omission which
allegedly constitutes an unfair labour practiceor, if it is a later date, within 90 days of the date
which the employee became aware of the act
occurrence.
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
10/14
COLLECTIVE BARGAININGCOLLECTIVE BARGAINING
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
11/14
What is Collective Bargaining?What is Collective Bargaining?
The procedure opted by employers and
workers to reach a collective agreement
regarding employment terms and rights and the
duties of workers is known as collectivebargaining. Collective bargaining aims to resolve
issues pertaining to wages, working conditions,
health and safety, and working hours of
workers.
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
12/14
PROCESS OF COLLECTIVEPROCESS OF COLLECTIVE
BARGAININGBARGAINING
TheThe collectivecollective bargainingbargaining processprocess comprisescomprises ofof fivefive corecore stepssteps::
Prepare
Discuss
Propose
Bargain
Settlement
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
13/14
FUNCTIONS OF COLLECTIVEFUNCTIONS OF COLLECTIVE
BARAGAININGBARAGAINING
1.Adjustment and balance of power between the management and union
when they are in conflict with each other. This function of the system of
collective bargaining is one of the methods of effecting social change.
2.When two parties are in a state of continuous conflict, it helps in bringing
about compromise, truce or agreement for establishing peace between the
parties. Industrial truce results when two parties to a dispute arrive at acompromise or agreement without resorting to strike or lock-out. Such
truce may be stable or temporary. It depends upon the parties as to what
extent one party is willing to sacrifice and the other party is willing to
accept the demands, or terms. Both the parties are morally bound to
implement the agreement once it is signed.
3.For establishing industrial jurisprudence it analyses the rights and duties ofconflicting parties.
4.It also adjusts labour management disputes apart from performing functions
like negotiation,
administration and enforcement of agreements by which union managemen
t relationship is governed
-
8/3/2019 SHRM (Unfair Labour Practices and Collective Bargaining)
14/14
COLLECTIVE BARGAINING STRATEGIESCOLLECTIVE BARGAINING STRATEGIES
y Traditional Collective Bargaining
y Non-traditional Collective Bargaining