Relevant bibliographies by topics / Collective bargaining, South Africa

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Collective bargaining, South Africa'

Author: Grafiati
Published: 4 June 2021
Last updated: 15 February 2022

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Journal articles on the topic "Collective bargaining, South Africa"

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Cutcher-Gershenfeld, Joel, Donald Power, and Maureen McCabe-Power. "Global Implications of Recent Innovations in U.S. Collective Bargaining." Articles 51, no. 2 (April 12, 2005): 281–301. http://dx.doi.org/10.7202/051096ar.

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This paper deals with recent innovations in cooperative forms of collective bargaining. The authors begin by reviewing the wide range of highly cooperative approaches to negotiations. They then focus on a fairly comprehensive model, which is termed "target-specific bargaining". Finally, they explore some of the cross-cultural implications associated with applying the new forms of bargaining outside the North American context in two very different countries, Poland and South Africa.
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Albertyn, Chris, and Alan Rycroft. "Multi-union Collective Bargaining Structures in South Africa: Case Studies." British Journal of Industrial Relations 33, no. 3 (September 1995): 329–43. http://dx.doi.org/10.1111/j.1467-8543.1995.tb00442.x.

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Ledwith, Sue, and Janet Munakamwe. "Gender, union leadership and collective bargaining: Brazil and South Africa." Economic and Labour Relations Review 26, no. 3 (July 27, 2015): 411–29. http://dx.doi.org/10.1177/1035304615596316.

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Saul Porsche Makama and Lux Lesley Kwena Kubjana. "Collective Bargaining Misjudged: The Marikana Massacre." Obiter 42, no. 1 (May 2, 2021): 39–56. http://dx.doi.org/10.17159/obiter.v42i1.11055.

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The tradition of violence during collective bargaining processes in South Africa (particularly during a strike) can be traced back to the colonial period, where the struggle for better employment terms and conditions was conflated with the struggle for freedom from political oppression, apartheid and the colonial regime. An example in this regard is the Sharpeville uprising. In this case, the State’s reaction to the uprising was to call upon the armed forces to quell the situation, and in the process, lives and limbs were lost; nobody was held accountable for this. This was surely a bad legacy to leave for modern times! However, fifty-two years later, South Africa experienced a déja vu moment in the form of the Marikana massacre, which was also chillingly reminiscent of the massacre by apartheid police at Sharpeville in 1960. The writing of this article is informed by the need to avoid another Marikana massacre. The authors bemoan the manner in which this tragic event was handled and argue that, with the right attitude and the right application of resources, the massacre could have been avoided. The authors also lament the approach employed in dealing with the aftermath of the Marikana massacre and conclude that the status quo gives credence to the saying that “an apple does not fall far from the tree”. The prosecution of the perpetrators is delayed, no compensation is given to bereft families, and it remains to be seen who was at fault, even after a “good-for-nothing” yet costly Commission of Inquiry has completed its task.
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Sishi, Kusangiphila, Sanjana Brijball Parumasur, and Kogielam Keerthi Archary. "The individual and combined influence of the lack of employee benefits, collective bargaining and communication on labour unrest." Journal of Governance and Regulation 10, no. 3 (2021): 160–68. http://dx.doi.org/10.22495/jgrv10i3art14.

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Labour unrest is often the outcome of an interplay or combination of factors that employees are unhappy about. Whilst issues relating to the lack of collective bargaining, communication and employee benefits prove to be reasons for causing labour unrest, the question is whether, and if so, how do they come together to increase the occurrence of labour unrest. Hence, this study explores the relationships between collective bargaining, communication, employee benefits and labour unrest, respectively. It is advocated that a lack of employee benefits, collective bargaining and communication has the potential to lead to labour unrest. The research is conducted at the informal settlement in Durban, South Africa, where most of the construction employees who worked at the Expanded Public Works Programme (EPWP) reside. A sample of fifty from fifty-eight construction employees was drawn using cluster sampling. The researcher used quantitative research methods and data was collected using a self-developed questionnaire and analysed using inferential statistics. The research revealed that all sub-dimensions of the lack of employee benefits, collective bargaining and communication have the potential to influence labour unrest individually and in varying degrees. In this regard, a significant relationship was only found between poor availability of health and wellness programmes (employee benefits) and poor bargaining councils (collective bargaining). In addition, a significant but inverse relationship was found between poor medical care (employee benefits) and poor communication. Recommendations, based on the results of the study, are presented.
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Donnelly, Eddy. "Borrowing from Europe? Employers' views on associability and collective bargaining reform in the new South Africa." International Journal of Human Resource Management 12, no. 4 (January 2001): 551–67. http://dx.doi.org/10.1080/09585190121902.

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Botha, Monray Marsellus, and Motsoane Lephoto. "An Employer's Recourse to Lock-Out and Replacement Labour: An Evaluation of Recent Case Law." Potchefstroom Electronic Law Journal 20 (December 7, 2017): 1–31. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1594.

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South African labour affairs are in a volatile state. Conflicting rights and interests as well as the balancing of these rights and interests are contributing to this state of affairs. In recent years, the contentious issues of workers' right to use their economic power to put pressure on employers and employers' recourse to lock-out and replacement labour have come under the spotlight again. Prolonged, violent and unprotected strikes have raised the question whether our industrial relations framework should be revisited, and have complicated matters even further. The question whether employers may use replacement labour and have recourse to lock-outs when an impasse exists during wage negotiations has come to the fore again and is evaluated in the context of the adversarial collective bargaining framework in South Africa.
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Van Eck, Stefan, and Tungamirai Kujinga. "The Role of the Labour Court in Collective Bargaining: Altering the Protected Status of Strikes on Grounds of Violence in National Union of Food Beverage Wine Spirits & Allied Workers v Universal Product Network (Pty) Ltd (2016) 37 ILJ 476 (LC)." Potchefstroom Electronic Law Journal 20 (December 18, 2017): 1–20. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1774.

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This note explores the powers of the Labour Court as envisaged in the Labour Relations Act 66 of 1995 (LRA), where a protected strike disintegrates into violent riotous conduct. The legal status of protected strikes raises important questions of law, namely: whether the Labour Court has the authority to alter the legal status of a strike; the autonomy of collective bargaining; and the legal test which the Labour Court should apply when intervening. The court in National Union of Food Beverage Wine Spirits & Allied Workers v Universal Product Network (Pty) Ltd 2016 37 ILJ 476 (LC) dealt with this precise problem. There can be no doubt that South Africa is plagued by widespread strike violence which often occur during protected strikes. However, this contribution poses the question whether the Labour Court has not overstepped its mandated jurisdiction and it questions whether such alterations of the status of strikes would have a positive effect on the institution of collective bargaining.
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Botha, MM. "In search of alternatives or enhancements to collective bargaining in South Africa: are workplace forums a viable option?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 5 (February 19, 2016): 1811. http://dx.doi.org/10.4314/pelj.v18i5.19.

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Van Eck, Stefan, and Tungamirai Kujinga. "The Right to Strike and Replacement Labour: South African Practice Viewed from an International Law Perspective." Potchefstroom Electronic Law Journal 21 (November 2, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4413.

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South Africa is a member of the International Labour Organisation (hereafter the ILO), an establishment that sets international labour law standards through its conventions, recommendations and expert supervisory committees. Also, South African courts have an obligation to interpret labour provisions in accordance with international law and customs. This paper examines whether by way of the Labour Relations Act of 1995 (hereafter the LRA) the current regulation of both the right to strike and the use of replacement labour during strikes falls within the ambits of internationally and constitutionally acceptable labour norms. Strike action constitutes a temporary and concerted withdrawal of work. On the other hand, replacement labour maintains production and undermines the effect of the withdrawal of labour. Consequently, the ILO views the appointment of strike-breakers during legal strikes in non-essential services as a violation of the right to organise and collective bargaining, and in a number of countries replacement labour is prohibited. The Constitution of the Republic of South Africa, 1996 enshrines every worker's right to strike and the LRA gives effect to this right. However, the foundation of this right is ostensibly brought into question by the LRA in as far as it permits employers to make use of replacement labour during strike action. This article investigates whether replacement labour undermines the right to strike in South Africa and considers to what extent labour legislation may be misaligned with international norms. In conclusion the research makes findings and proposes alternatives that may be considered to resolve this seemingly skewed situation.
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Dissertations / Theses on the topic "Collective bargaining, South Africa"

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Oliphant, Lukhanyo Shane. "The right to engage in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19463.

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The Labour Relations Act 66 of 1995 (LRA) was formulated by consensus from Government, Labour and Business. The advent of the new democratic dispensation brought with it the need to bring reforms to the country’s repressive labour laws, which were the hallmarks of the former apartheid regime. The new democratic dispensation’s priority was to ensure that the laws governing the employment relationship were again in line, with the International Labour Organization’s requirements (ILO). The consolidation of the country’s labour laws became critical for the new democratic dispensation because it became imperative that labour laws, once and for all became inclusive of all South Africa’s working force. During this post democratic period South Africa has been able to bring this consolidation to our regulatory framework through democratizing labour relations. This has meant that all organized workers for the first time after 1995, could have access to collective bargaining. South Africa has also enjoyed a period of relative labour stability during this period but only until recently, has the institution of collective bargaining been under the severest attack. This contestation in this labour regime is about the constitutional right to engage in collective bargaining. It has become of paramount importance to understand the meaning of this right to engage in collective bargaining, how far does this right extend to organized employees and most importantly what are now the impediments to the realization of this right? This is a broad and a very important topic in our labour law jurisprudence. The rationale for this treatise is to articulate the right to engage in collective bargaining, amid recent developments. At the same time to probe whether or not a justiciable duty to bargain in good faith (legally enforceable duty), should be reintroduced in our collective bargaining framework. This would be an option in reestablishing this institution in the face of insurmountable challenges, particularly as far as managing the conduct of bargaining parties during the collective bargaining process. The LRA does not envision such a legally enforceable duty to bargain in our labour relations framework, preferring rather apolicy based on voluntarism. The LRA has instead created a legally recognized framework were bargaining parties, determine their own collective process, without undue interference from the state and the courts. This has been the position since the inception of the new democratic order.Times have changed constitutional challenges have been mounting against provisions of the LRA, which have been deemed by some as unconstitutional. This is reference to the inaccessibility of the collective bargaining process; relating directly to the right to engage in collective bargaining.The disjuncture between the Constitution and the enabling legislation the LRA will also be scrutinized, as the result has been confusion regarding the meaning and the application of this constitutional right to engage in collective bargaining.
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Qotoyi, Thanduxolo. "Dismissals within the context of collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1039.

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Competitive forces in the market force employers to change the way they operate their businesses. The changes that employers have to make often demand an alteration of the employees’ terms and conditions of employment. By law employers are not permitted to unilaterally effect changes to the employee’s terms and conditions of employment. They have to obtain the consent of the affected employees. This is where collective bargaining fits in. The employer has to negotiate with the employees. One way in which through the process of collective bargaining an employer can exert pressure on the employees to accept the changes is to effect a lock-out. Under the Labour Relations Act 28 of 1956 within the context of a lock-out, an employer was permitted to use conditional dismissal as a bargaining weapon. This conditional dismissal had to be coupled with an offer of reemployment should the employees accept an employer’s demand. In essence, the lock-out had a bite in the form of the conditional dismissal. This made the lock-out quite effective. The 1995 Labour Relations Act prohibits in no uncertain terms the use of a dismissal as a means of compelling employees to accept an employer’s demand in any matter of mutual interest. Within the collective bargaining context, dismissal is not a legitimate option. The employer only has the lock-out as a tool of compulsion. The definition of a lock-out in terms of this Act does not accommodate the use of dismissal. This makes the lock-out option to be less potent than it was under the 1956 Labour Relations Act. However, employers are permitted to dismiss on operational grounds, provided that they follow a fair procedure. Terms and conditions of employment greatly feature in the operational requirements of a business. If the employees’ terms and conditions of employment are not responsive to the operational requirements of the business and they are unwilling to accept changes to those terms, the employer has the right to dismiss them. The employer will not be dismissing the employees as a way of inducing them to accept the changes. He will instead be dismissing them on the basis of operational requirements. iv The question that then arises is how should a dismissal that is intended to compel employees to accept an employers demand (falling within section 187(1)(c) of the 1995 Labour Relations Act be distinguished from a dismissal that is genuinely based on operational requirements as contemplated by section 188(1)(a)(ii). Doesn’t the fact that section 187(1)(c) explicitly prohibits the use of dismissal within the context of collective bargaining give rise to some tension with section 188(1)(a)(ii) which categorically gives employers the right to dismiss on operational grounds. The decision of the Labour Appeal Court in Fry’s Metals v NUMSA has stated that there is no tension whatsoever between the two sections. The court has also ruled that the dismissals that are hit by section 187(1)(c) are those dismissals that are accompanied by an offer of reemployment. According to the court, this offer is indicative of the real purpose of the employer, namely to compel employees to accept his demand. Dismissals not accompanied by an offer of re-employment are on the other hand a true reflection of the fact that the employer is indeed dismissing the employees for operational requirements. This literal interpretation of the meaning and scope of section 187(1)(c) has the potential of opening the floodgates. Instead of resorting to the use of the lock-out to secure the agreement of employees in the collective bargaining process, employers now have a potent tool in the form of a dismissal. As long as the employer makes it abundantly clear that the dismissal is final and irrevocable, he is free from the claws of section 187(1)(c). Given the fact that the lock-out option is not always effective, employers may find it hard to resist the temptation to use the threat of permanent dismissal as a bargaining chip. It is an option that is emasculated by the fact that in an employer initiated lock-out the use of replacement labour is prohibited. The threat of not just a conditional dismissal but a permanent one may force employees to capitulate to the employer’s demand during negotiations. This would effectively render negotiations about changes to terms and conditions of employment a farce. The employer would have an upper hand. The implications of this narrow interpretation are quite far-reaching. The long held view that dismissal is not a legitimate weapon of coercion in the collective bargaining process is under serious challenge. Only conditional dismissals are illegitimate in the collective bargaining v arena. Permanent dismissals are permitted. This negates the very purpose of the collective bargaining process. This study seeks to examine the anomalies that flow from this interpretation of the meaning of section 187(1)(c). The study further investigates if this interpretation is not at odds with what the legislation really intended to achieve by enacting this clause. The study also explores ways in which the sanctity of collective bargaining could be restored. Recommendations are made to that effect.
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Foca, Nolusindiso Octavia. "The role of the education labour relations council in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021054.

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The 1996 Constitution provides workers with the right to form and join trade unions and to participate in the activities and programmes of those trade unions. The organizational and associated rights contained in sections 23(2)-(4) of the Constitution of Republic of South Africa, form the bedrock of a labour-relations system characterized by voluntarist collective bargaining. The constitutional protection that the above section gives to these organisational rights shields the trade unions and employer organisations from legislative and executive interference in their affairs and in turn, inhibits victimisation of and interference in trade unions by employers. One of the expressly stated purposes of the Labour Relations Act of 1995 (hereinafter referred to as the “LRA”) is to promote collective bargaining and to provide a framework within which employers, employers’ organisations, trade unions and employees can bargain collectively to determine wages, terms and conditions of employment, other matters of mutual interest and to formulate industrial policy. Notwithstanding the above purpose, the Act does not compel collective bargaining, with the result that the courts have no role in determining, for example, whether an employer should bargain collectively with a trade, what they should bargain about, at what level they should bargain or how parties to a negotiation should conduct themselves. Despite this, by extending and bolstering the right to strike, the LRA has effectively empowered trade unions to have recourse to the strike as an integral aspect of the collective bargaining process. The LRA provides a framework that is conducive to collective bargaining and thus providing for the establishment of bargaining councils. The purpose of this treatise is to examine the role played by the Education Labour Relations Council (hereinafter referred to as the “ELRC”) as one of the sectoral bargaining councils in the Public Service, in collective bargaining. In order to place this discussion in context, it is valuable to know the history of industrial relations and collective bargaining in South Africa.
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Mfaxa, Mncedisi. "Dismissal for operational requirements in the context of collective bargaining." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/13923.

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The highly competitive environment in which companies functions prompts the need to review their operations which may include reconsideration of the manning levels, and or changing terms and conditions of employment in order to be able to survive and prosper economically. The difficulty arises when the employers have to respond to the challenges. By law the employers are legally prohibited from unilaterally effecting the changes to the terms and conditions of employment. Furthermore, changing terms and conditions of employment is dealt with through collective bargaining and as such, the dismissal is outlawed as a legitimate instrument to coerce the employees to concede to the proposals. So the employers have to obtain an agreement or consent with the affected employees. In terms of the 1956 LRA the employer could justifiably terminate the contract of employment within the context of collective bargaining. For the employer to avoid offending the lock out provisions in terms of the 1956 LRA, the lock-out dismissal had to be effected in order to achieve a specific purpose, and it had to be conditional. Unlike its predecessor, the 1995 Labour Relations Act introduced section 187(1)(c) which renders the so-called lock-out dismissal by an employer, within the context of collective bargaining, automatically unfair. Section 187(1)(c) categorises a dismissal as automatically unfair, if the reason is a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer. The employers are however permitted in terms of the 1995 LRA, to dismiss the employees based on operational grounds, as long as the requisite process has been adhered to. The employers need to restructure their operations in order to ensure that terms and conditions of employment are responsive to operational needs. Where the employees’ terms and conditions of employment are not in line with the company operational requirements, the need to terminate the employment contracts of the employees may arise. The employers are within their right to terminate the service of the employees who refuse to accept changes to their conditions of service based on the employers’ operational requirements. The court in Schoeman v Samsung Electronics confirmed that employer’s right to run its business in a successful manner, which includes affecting changes to the existing terms and conditions of employment to be aligned with the market demand. The dismissal is outlawed as a mechanism to coerce the employees to acceptance the employer’s demand relating to matters of mutual interest. At the same time, the employers are within their rights terminate the service of the employees who refuse to accept changes to their conditions of service based on the employers operational requirements. There is a clear tension between sections 187(1) (c), 188(1) (ii) and 189 of LRA. When the employers seek to review the terms and conditions of employment, the tension between these sections becomes more common, as it involves the matters of mutual interest which are dealt with through the collective bargaining arena and the dispute of right through arbitration. In Fry’s Metals v Numsa the court rejected the notion that there is tension between section 187(1) (c) and section 188(1) (a) (ii) of the LRA. Instead the court was of the view that, there is a historical context to section 187(1) (c) which is the now repealed 1956 Labour Relations Act. The 1956 LRA included in its definition of a lock-out the termination by the employer. Secondly, the court interpreted section 187(1)(C) to only give protection to employees who are dismissed in order to compel them to accept a demand on a matter of mutual interest, and only where the dismissal was of a temporary nature. The court interpretation in Fry’s metals implied that, section 187(1)(c) will only come to the defence of employees if they are dismissed for the purpose compelling them to accept a demand on a matter of mutual interest, and if the dismissal was of a temporary nature. Where a permanent dismissal is effected because employees would not accept its demands, section 187(1) (c) could not come to the employees’ protection. Considering that the lock out provided for in terms of the 1995 LRA is not a preferred option by most of the employers, they will rather resort to use the loophole created by the narrow interpretation of section 187(1)(c) to circumvent having to secure consensus from the affected employees and rather dismissed them based on operational requirements. This study seeks to deal with the questions relating to the relationship between collective bargaining related dismissals in particular the automatically unfair dismissal in terms of section 187(1) (c) and business restructuring related dismissal. As such the relationship between sections 187(1) (c) and dismissals based on operational requirements will be central to this study.
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Ndumo, Mothepa E. "The duty to bargain and collective bargaining in South Africa, Lesotho and Canada : comparative perspectives." Master's thesis, University of Cape Town, 2005. http://hdl.handle.net/11427/4517.

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Kandile, Msondezi Gorden. "The effect of recent amendments to the LRA within the context of collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/17831.

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The Labour Relations Act, 1995 makes no provision of a legally enforceable duty to bargain, but affords certain rights to unions such as organisational rights. Although employers are obliged to grant these rights to representative unions, they are not compelled to engage in bargaining with them as there is no duty to negotiate. However, the refusal to bargain will result in power play in order to convince the other party to negotiate. If an employer refuses to negotiate with a union, the union is able to strike without any fear of dismissal of its members, provided that the strike takes place with requirements of the Act. The questions that need to be answered are amongst others whether the amendments on organisational rights will truly broaden access to section 14 and 16 rights of the Labour Relations Act? Further than that, to investigate whether these amendments will lead a decline in industrial action related to organisational rights. It also becomes imperative to find whether these arrangements will enable commissioners to carry out the mandate of minimizing the proliferation of trade unions. The study aims to provide understanding of the principles of collective bargaining in the workplace. This in turn promotes better understanding of the rights enshrined in section 23(5) of the Constitution which provides that trade unions, employers’ organisation and employers have the right to engage in collective bargaining. This right is given effect to the Labour Relations Act as amended. The law regarding collective bargaining in South Africa has been interpreted in two ways; the Labour Relations Act refers to a duty to bargain collectively, while the Constitution refers to a right to engage in collective bargaining. These two interpretations have been subjected to judicial criticism in three cases in the South African National Defence Force. They are currently the main cases dealing with this issue in South Africa. The implications that a trade union is entitled to embark on strike action in order to obtain organisational rights in circumstances where it is not regarded as sufficiently representative, provides some form of relief for minority unions. Against this background, the critical legal question is the impact of recent amendments to the Labour Relations Act within the context of collective bargaining.
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Oodit, Sharlaine. "A review of the collective bargaining system in the public service with specific reference to the general public service sector bargaining council (GPSSBC)." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021029.

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ollective bargaining continues to play a prominent role in shaping employment relations in South Africa, without which the individual worker is powerless and in a weaker bargaining position against his employer. Collective bargaining can be described as an interactive process that resolves disputes between the employer and employee. In South Africa the advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. Therefore in examining the history of collective bargaining in South Africa it is necessary to reflect on the state of labour relations prior and post the 1994 democratic elections. The study provides an overview of the practices and processes of public service collective bargaining in the old and new public service. The public sector accounts for a very significant proportion of employment in all countries around the globe, South Africa is no exception. Although the state as employer is in a stronger position than its private sector counterpart, the public employee is potentially also in a stronger position than its private sector counterpart. A defining characteristic of most government activity and services is that they are the ones available to the public. This means that industrial action which disrupts such services has a very significant impact on the public, serving as a substantial leverage in collective bargaining. The bargaining councils in the public sector which ensure the effectiveness of collective bargaining are maintained, are examined to provide a comprehensive understanding of the workings of these institutions. Some of the gains and challenges are also explored to provide a holistic picture of state of collective bargaining in public service. A comparison of countries seeks to analyse and compare globally the developments of collective bargaining in public administrations. The different political systems around the world have developed various labour relations processes in the public service, an examination of the approaches and mechanisms provides alternative ways of doing things. Recommendations are made regarding the changes that need to be made, as well as matters, which need to be analysed and examined further.
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Butjie, Boitumelo Cordelia. "The effect of the Marikana events on the collective bargaining process in South Africa." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/9239.

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The basic structures of collective bargaining in South Africa have evolved since industrialisation, through the Wiehahn-Commission era until the Farlam one and beyond, resulting in a number of legislative changes from 1924 to 2014. While dealing with collective bargaining, it is not possible to divorce the powerful history of mining from the South African story, from the diamond fields in Kimberley to the discovery of gold on the Witwatersrand in 1886, where the mine employees’ focused on cheap, unskilled labour and migrant system in the 1900s to the tragic events at Marikana in 2012. In the advent of the industry revolution, employment relationships changed as competitive demands placed a great need for advancing economic developments which are often expressed through collective-bargaining. The objective of collective bargaining is to arrive at an agreement between the employer and employees to determine mutually beneficial terms and conditions of employment such agreement may prohibit unions to embark on an industrial action for as long as it is in place. Strikes became important during the Industrial Revolution, when many worked in factories and mines. Often when employees’ demands are not met, they resort to strike action. Strike action is when a number of employees stop rendering their service in protest to express their grievances. These strikes are usually led by labour unions to get better pay, working hours or working conditions during collective bargaining as a last resort. While trade union leadership fails to advance employees’ cause, employees resort to informal alternative structures to negotiate on their behalf. South Africans have a tradition of taking to the streets in protest when unhappy about issues and this tradition did not spring up during the apartheid era but has been around from as early as 1922 to date. Protests in South Africa today draw from past repertoires and at the same time push for new political practices and directions. Strikes are often used to: Pressure governments to change its policies like in the Rand Revolt; Strikes can destabilise the rule of a particular political party like a series of strikes by blacks in the 1970s and 1980s including the 1973 Durban dockworkers and the 1987 miners’ strikes; Strikes are often part of a broader social movement taking the form of a campaign of civil resistance like Treatment Action Campaign and community struggles such Abahlali Base Mjondolo. On the strike issues in South Africa, the researcher draws from the terrible incident that transpired in August 2012 at Lonmin Mine-Marikana and how it has affected the collective bargaining landscape in South Africa. The first real and significant labour unrest, the Witwatersrand miner strike rocked South Africa to the core in 1922 and in 2012, ninety years later the violent strike by the Rock Operational Drillers at Lonmin following the Marikana massacre and as such did not enjoy statutory protection under the LRA because was classified as wildcat strike. Normally, a wildcat strike constitutes a violation of a collective bargaining agreement in place and as such is not protected unless a union joins it and ratifies the protest. The union may, however, discipline its members for participating in a wildcat strike and impose fines. Among other things miners mainly demanded a wage increment of R12500 per month. The fight between AMCU and NUM for organisational rights also found its way into the equation. A strike wave, not only linked to the mining sector, made 2012 the most protest filled year since the end of apartheid, rolled out across South Africa, closing some industrial operations and crippling others. Commentators argue that the strike wave emerged from a landscape of extreme inequality and poverty, made intolerable by the additional financial burdens arising from the migrant labour system. These factors influenced the industrial action and institutions of collective bargaining comprising of both company and union structures and processes, were found wanting in their ability to address the root causes of the crisis. The post-Marikana strike wave made a mark in the workers struggle movement as it drew in thousands of workers to join AMCU and at the same time weakening NUM, the then majority union. The strike led to the rise and growth of AMCU which was seen by miners as the driver for change. The 2012 strike wave and the Marikana massacre not only changed the balance of forces on the ground against the NUM, but also generated divisions within COSATU. The divisions were between those who decided to remain deaf to the workers’ call for transformation and those who had already realised that a decisive turn in economic policy was needed to avoid a social, economic and political crisis. In the aftermath of the strike, a number community struggles increased as 2012 began and on the other side, a number of splinter groups from COSATU mushroomed which was hobbled by in fights. NUM’s collapse is indeed part of a series of recent failures for COSATU.
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Fomosoh, Raymond Awa. "Globalisation and work regulation in South Africa." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8106_1310982701.

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This research paper examines the different forms of employment patterns that have emerged as a result of globalisation as well as the mechanisms that have been used by the legislator to accommodate those in non-standard employment relationships.

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Bhe, Vuyisile. "Critical analysis of the 2007 public service strike and its impact on the evolution of formalised collective bargaining in South Africa." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1043.

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Section 213 of the Labour Relations Act defines ’strike’ as the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between the employer and employee, and any reference to “work” this definition includes overtime work, whether it is voluntary or compulsory. According to Mcllroy: “As long as our society is divided between those who own and control the means of production and those who only have the ability to work, strikes will be inevitable because they are the ultimate means workers have of protecting themselves.” 1 The Constitutional Court justified the exclusion of a constitutional right to lock out and the inclusion of a constitutional right to strike by indicating that the right to strike is not equivalent to a right to lock out and is essential for workplace democracy. 2 The right to strike is essential to bolster collective bargaining and thereby to give employees the power to bargain effectively with employers. The employers on the According to the Constitutional Court employers enjoy greater social and economic power compared to individual workers and may exercise a wide range of power against workers through a range of weapons, such as dismissal, the employment of alternative or replacement labour, the unilateral implementation of new terms and conditions of employment, and the exclusion of workers from the workplace. To combat this and have a say in the workplace, the Constitutional Court held that “employees need to act in concert to provide them collectively with sufficient power to bargain effectively with employers and exercise collective power primarily through the mechanism of strike action”. The importance of the right to strike in creating workplace democracy is also reflected in a number of Labour Court and Labour Appeal Court judgments. other hand have economic strength that is used to bargain effectively. That is why the strike enjoys constitutional protection, whereas the lock-out does not.
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Books on the topic "Collective bargaining, South Africa"

1

Collective bargaining in South Africa. 2nd ed. Johannesburg: Macmillan, 1985.

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Collective bargaining in South Africa: Past, present and future? Claremont [South Africa]: Juta, 2010.

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Benjamin, Paul Stephen. Collective bargaining and the managerial prerogative: The development of collective bargaining in South Africa, 1980-1982. [s.l.]: typescript, 1986.

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J, Rycroft A., and Whitcher Benita, eds. Trade unions and the law in South Africa. Durban: LexisNexis, 2009.

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Nel, P. S. South African employment relations: Theory and practice. 7th ed. Pretoria: Van Schaik, 2012.

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Conference on Worker Participation (1989 University of Port Elizabeth). Worker participation: South African options and experiences : proceedings of the 1989 Conference on Worker Participation. Kenwyn: Juta, 1990.

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Nel, P. S. South African industrial relations: Theory and practice. Pretoria: Academica, 1991.

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H, Van Rooyen P., ed. South African industrial relations: Theory and practice. Pretoria: Academica, 1989.

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Newall, Ian. The demand for a living wage: A primer for South African managers. Cape Town: Zebra Publications, 1988.

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Mathison & Hollidge. Labour trends in the South African mining industry: The pains of discovery. Johannesburg: Mathison & Hollidge, 1985.

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Book chapters on the topic "Collective bargaining, South Africa"

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Allen, Michael H. "Violence, Capital Flows, and Bargaining Power." In Globalization, Negotiation, and the Failure of Transformation in South Africa, 31–44. New York: Palgrave Macmillan US, 2006. http://dx.doi.org/10.1057/9781403983077_3.

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Jordaan, Barney. "Mediation and Conciliation in Collective Labor Conflicts in South Africa." In Mediation in Collective Labor Conflicts, 293–308. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_19.

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Mattes, Robert, and Jennifer Christie. "Personal Versus Collective Quality of Life and South Africans’ Evaluations of Democratic Government." In Quality of Life in South Africa, 205–28. Dordrecht: Springer Netherlands, 1997. http://dx.doi.org/10.1007/978-94-009-1479-7_9.

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Kenny, Bridget. "Rupturing Relations: Abasebenzi as Collective Political Subject." In Retail Worker Politics, Race and Consumption in South Africa, 61–89. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-69551-8_3.

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Nho, Yong-Jin. "Analysis of the Functional Level of Labor Relations: Focusing on Wage and Collective Bargaining and Labor Disputes." In Employment Relations in South Korea, 115–35. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137428080_7.

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van Schalkwyk, Samantha. "Collective Biography: A New Chapter for Exploring Agency in the South African Context." In Narrative Landscapes of Female Sexuality in Africa, 47–83. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97825-3_3.

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Runciman, Carin. "Citizenship and Inequality in Post-Apartheid South Africa: Contours and Collective Responses." In Understanding Inequality: Social Costs and Benefits, 383–402. Wiesbaden: Springer Fachmedien Wiesbaden, 2016. http://dx.doi.org/10.1007/978-3-658-11663-7_19.

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Kaan, Christopher, and Stine Klapper. "Voluntary Collective Commitment: The Case of Business and Energy Efficiency in South Africa." In Business and Climate Change Governance, 95–113. London: Palgrave Macmillan UK, 2013. http://dx.doi.org/10.1057/9781137302748_5.

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Botha, Catherine F. "The Dancing Body, Power and the Transmission of Collective Memory in Apartheid South Africa." In The Routledge Companion to Dance Studies, 22–32. First Edition. | New York : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315306551-2.

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Kushner, Danielle C. "Assessing the Impact of Non-state Security, Victimization, and Insecurity on Social Capital and Collective Action in South Africa." In The Politics of Everyday Crime in Africa, 73–90. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-98095-9_4.

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Conference papers on the topic "Collective bargaining, South Africa"

1

Bostock, William W. "The Use of Language Policy in the Management of Collective Mental State: Sri Lanka and South Africa." In Annual International Conference on Political Science, Sociology and International Relations (PSSIR 2016). Global Science & Technology Forum (GSTF), 2016. http://dx.doi.org/10.5176/2251-2403_pssir16.16.

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