Journal articles: 'Collective bargaining, South Africa'

1

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

2

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

5

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

6

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

8

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

9

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

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.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

11

Fourie, E. S. "Non-Standard Workers: The South African Context, International Law and Regulation by The European Union." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (July 4, 2017): 109. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2787.

Full text

Abstract:

The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.

APA, Harvard, Vancouver, ISO, and other styles

12

Subramanien, Darren Cavell, and Judell L. Joseph. "The Right to Strike under the Labour Relations Act 66 of 1995 (LRA) and Possible Factors for Consideration that Would Promote the Objectives of the LRA." Potchefstroom Electronic Law Journal 22 (April 23, 2019): 1–39. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4400.

Full text

Abstract:

The Labour Relations Act 66 of 1995 (hereafter the LRA) was promulgated to redress the injustices and inequality within labour relations. It seeks to do so through four objectives which give effect to the LRA's purposes of transformation within the labour relations framework. One of these objectives is to promote orderly collective bargaining. It is envisaged that if parties engage in collective bargaining, then disputes should be resolved speedily and amicably without having employees resort to strikes and employers to lock-outs. This in turn would ensure that production within the workplace continues without interruption. Thus, the workdays lost would be decreased and productivity would be increased. One of the main features of the LRA is the endorsement and regulation of strike action. Employers have always possessed greater authority than employees due to their managerial prerogative, thus strike action is viewed as a necessary way of levelling the playing field between employers and employees in the collective bargaining framework. Strike action is regarded as forming part of the collective bargaining framework. It has been acknowledged that without the threat of strike action, collective bargaining would be futile. However, strike action in South Africa has been increasingly alarming over recent years. This is primarily due to the manner in which employees are asserting their demands. There has been an undeniable increase in the intensity of violence, intimidation, harassment, destruction to property and civil unrest evident in strikes. Even more disturbing is that these strikes have not been contained within the employment relationship; instead, the ramifications of disorderly strikers have caused severe consequences for innocent members of society and the country as a whole. This article highlights the violent context in which strikes take place and the necessity of limiting potential violence. In doing so, this article seeks to consider the viewpoints of two judgments, Equity Aviation Services (Pty) Ltd v SA Transport & Allied Workers Union 2011 32 ILJ 2894 (SCA) and SA Transport & Allied Workers Union v Moloto 2012 33 ILJ 2549 (CC), which have addressed the issue of whether non-unionised members are required to provide separate notices of their intention to strike. It is argued that a strict interpretation of section 64(1)(b) of the LRA is required, in the light of the chaotic and violent strike action that has taken place over the years, as that would have the effect of creating greater certainty and predictability in the event of a strike. Thus, an expectation of order would be instilled which in turn would fulfil one of the objectives of the LRA, which is to promote orderly collective bargaining.

APA, Harvard, Vancouver, ISO, and other styles

13

Evgenevna Frolova, Evgenia, Ksenia Mikhailovna Belikova, and Natalia Vladimirovna Badaeva. "On the Possibility of a Supranational Collective Bargaining of Labour Relations within the BRICS Countries (The Experience of China, India and South Africa)." International Journal of Engineering & Technology 7, no. 3.14 (July 25, 2018): 305. http://dx.doi.org/10.14419/ijet.v7i3.14.16910.

Full text

Abstract:

The development of transnational corporations (TNC) raises the question of an effective system of organization management, in particular, in countries - members of the BRICS. The results of the study showed the use of a collective labor contract in organizations in India, China, South Africa is not widespread. Regulation of social and labor relations is limited to national features, mentality, traditions. For example, in China workers, due to the prevailing attitude and philosophy, do not seek to use a collective labor contract to regulate the relations with the employer. Based on a number of reasons shown in the article, the authors consider that most probably no major changes related to the regulation of labor relations in these countries will occur in the near future.

APA, Harvard, Vancouver, ISO, and other styles

14

(АА) Rust, Braam. "The preparation of the labor relations landscape of South Africa (1994-2008): an environmental perspective for sustainable development." Environmental Economics 8, no. 1 (April 12, 2017): 93–102. http://dx.doi.org/10.21511/ee.08(1).2017.10.

Full text

Abstract:

This paper undertakes a review of the literature that examines the highlights and changes in specific external environmental factors (Ecology, Economy, Politics, Legislation and legal structures, and Society), between1994 and 2008 in South Africa, with the aim to ascertain how these factors affect the day-to-day labour relations in the workplace and add to sustainable development. These factors form the landscape for labour relations. Changes to them have consequences on the quality of labour relations, that is, inter alia, the frequency, and intensity of conflicts, disputes, demands and industrial actions. It is also evident that with its power and through the political system, the South African trade union was enhanced to shape the labour relations landscape. Labour laws were particularly designed to be worker friendly and to ensure that trade unions could use a fair collective bargaining system to spread the wealth of the mining industry, agriculture and other industries more evenly. Also, because of the alliance that exists between Labour and the ruling party (ANC), the economy was influenced so that economic policies could to a certain extent guide and steer economic growth, unemployment, inflation, interest rates and exchange rates. Trade unions were instruments in ensuring that formal changes in laws and policies did, in fact, reach and positively impact families and households within the social environment. Lastly, trade unions were the most effective instrument for heralding change within South Africa in the environmental fields of ecology, economy, politics, legislation and legal structures, as well as within society. Furthermore, these fields have interchangeably affected the labour relations landscape thereby indelibly shaping it between 1994 and 2008.

APA, Harvard, Vancouver, ISO, and other styles

15

Gathongo, Johana Kambo, and Leah Ndimurwimo. "Strikes in Essential Services in Kenya: The Doctors, Nurses and Clinical Officers' Strikes Revisited and Lessons from South Africa." Potchefstroom Electronic Law Journal 23 (February 17, 2020): 1–25. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a5709.

Full text

Abstract:

The right to strike is one of the fundamental rights enshrined in the Kenyan Constitution, 2010. Any limitation to the right involves the danger of collective bargaining. The right to strike is derived from the Right to Organise and Collective Bargaining Convention, 1949 that Kenya ratified on 18 July 1951. Article 2(4) of the Constitution emphasises that any law inconsistent with it is void. The Labour Relations Act, 2007 gives effect to the constitutional right to strike but is also subject to a number of limitations. Such limitations include the prohibition of strikes for employees who are engaged in essential services. Although the limitations to the right to strike may be justified, a number of bottlenecks exists in the current scope and application of the Labour Relations Act. For example, the Labour Relations Act does not provide mechanisms in terms of which essential service employees can lawfully embark on strikes. Unlike disputes in South Africa, those about essential services in Kenya are not preceded by consensus-seeking processes such as conciliation, mediation and arbitration. Instead, essential service disputes are referred directly to the Employment and Labour Relations Court for litigation. Consequently, the rights of employees who are employed in essential services like hospitals and patients' right to access health care services can easily be violated. Due to the lacunae in the Labour Relations Act, an increase in the number of strikes in essential services has been witnessed in Kenya. This article argues that the litigation of disputes in essential services should be the option of last resort. In addition, to date, more than 11 years after the Labour Relations Act came into effect, no provisions have been incorporated or even suggested that employer and trade unions need to conclude minimum service agreements and designate employees to perform the minimum services. This article suggests that, trade unions and government can work together through adopting consultative and more inclusive approaches in order to establish an effective statutory framework that regulates the right to strike in essential services in Kenya.

APA, Harvard, Vancouver, ISO, and other styles

16

Braga, Ruy. "A RETURN OF CLASS STRUGGLE WITHOUT CLASS? MORAL ECONOMY AND POPULAR RESISTANCE IN BRASIL, SOUTH AFRICA AND PORTUGAL." Sociologia & Antropologia 9, no. 2 (August 2019): 469–93. http://dx.doi.org/10.1590/2238-38752019v926.

Full text

Abstract:

Abstract Since the emergence of the crisis of capitalist globalization in 2008, the deconstruction of the Fordist wage relationship and the rising unemployment in various countries have stimulated the growth of labour informality, distancing workers from labour protection, intensifying turnover and stimulating intermittent employment. Collective bargaining has become increasingly rare and decentralized, and jobs increasingly precarious and individualized, undermining the protective capacity of the ‘moral economy of the poor’ and transforming direct action - that is, popular action without the mediation of unions and traditional political parties - into perhaps the only credible alternative for ‘precarious workers’ to express their demands in a world marked by the commodification of labour, basic services and housing. A return to the era of the ‘class struggle without class’? This is the conjecture that this article sets out to evaluate, comparing the class experience of poor and precarious workers in three countries from the so-called Global South: Portugal, South Africa and Brasil.

APA, Harvard, Vancouver, ISO, and other styles

17

Kruger, Johan, and Clarence Itumeleng Tshoose. "The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (May 17, 2017): 284. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2416.

Full text

Abstract:

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level. It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

APA, Harvard, Vancouver, ISO, and other styles

18

Ismail, Riaz, and Clarence Itumeleng Tshoose. "Analysing the Onus Issue in Dismissals Emanating from the Enforcement of Unilateral Changes to Conditions of Employment." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 7 (June 9, 2017): 146. http://dx.doi.org/10.17159/1727-3781/2011/v14i7a2620.

Full text

Abstract:

The main objective of this article is to analyse the issue of onus emanating from the enforcement of unilateral changes to conditions of employment. At the heart of the controversy that has faced the Labour Appeal Court was how to interpret dismissals that appear to be based on operational requirements, and yet at the same time, such dismissals also appear to have the effect of compelling an employee to accept a demand in respect of a matter of mutual interest between the employer and the employee. The core section in the Labour Relations Act 66 of 1995 relating to disputes of this nature is section 187(1)(c) of the Act, and the central enquiry to such disputes is whether they are automatically unfair or operationally justifiable. The fine line that determines whether a dismissal is acceptable or not merits an analysis of the overall onus that faces an employer and employee. This analysis is the focus of the article, which deals predominantly with procedural issues. The issue relating to the promotion of collective bargaining will be assessed against the right to dismiss, based on an analysis of the situation in South Africa, and a brief comparison with the situations in the United Kingdom and Canada. Thereafter, recommendations are made to the South African legislature.

APA, Harvard, Vancouver, ISO, and other styles

19

Griffin, Larry J., and Robert R. Korstad. "Class as Race and Gender|Making and Breaking a Labor Union in the Jim Crow South." Social Science History 19, no. 4 (1995): 425–54. http://dx.doi.org/10.1017/s0145553200017454.

Full text

Abstract:

Early in 1944 the National Labor Relations Board (NLRB) certified Local 22 of the United Cannery, Agricultural, Packing, and Allied Workers of America (UCAPAWA) as the bargaining agent for manufacturing workers at the R. J. Reynolds Tobacco Company (RJR) in Winston-Salem, North Carolina. The local was built and largely sustained by the collective actions of African Americans, especially women, who quickly made it the primary institutional locus advancing the racial aspirations of Winston-Salem's black working class. Operating the largest tobacco manufacturing facility in the world and employing a workforce of 12,000, none unionized (Tilley 1948, 1985), RJR vigorously fought the local from its inception.

APA, Harvard, Vancouver, ISO, and other styles

20

Rwodzi, Night Tafadzwa, and Nombulelo Lubisi. "Introducing a Serpent into the Garden of Collective Bargaining: A Case Analysis of Numsa Obo Members v Elements Six Productions (Pty) Ltd [2017] ZALCJHB 35 (7 February 2017)." Potchefstroom Electronic Law Journal 22 (April 25, 2019): 1–20. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5190.

Full text

Abstract:

This case note is an analysis of Numsa obo Members v Elements Six Productions (Pty) Ltd [2017] ZALCJHB 35 (7 February 2017). The jurisprudence advanced in this case is pertinent to balancing the employer and employee’s rights in the context of collective bargaining. The worker’s right to strike is one of the rights entrenched in the South African constitution. In addition, this right to strike should not be directly or indirectly undermined without a just cause. The preamble of the South African Constitution seeks to redress the unjust laws of the past including those in the employment arena. Furthermore, unfair discrimination is also one of the prohibited practices which are sanctioned not only domestically but internationally as well in terms of the International Labour Conventions. This note contributes to the existing literature of labour law by critically analysing the decision reached by Tlhotlhalemaje J.

APA, Harvard, Vancouver, ISO, and other styles

21

Ngiba, Cyril Nhlanhla, David Dickinson, Louise Whittaker, and Claire Beswick. "Dynamics of trade between the formal sector and informal traders." South African Journal of Economic and Management Sciences 12, no. 4 (April 26, 2011): 462–74. http://dx.doi.org/10.4102/sajems.v12i4.189.

Full text

Abstract:

The informal sector in South Africa is a significant, but not well understood phenomenon. One important question relates to the nature of the relationship between the formal and informal sector. This article uses Porter’s five forces model to interrogate the linkages between informal fruit and vegetable traders in the Natalspruit Market (Ekurhuleni) and their formal suppliers, primarily the Johannesburg Fresh Produce Market. While the threat of new products is low, the street traders’ position is weakened by the threat of new entrants, consumer bargaining power and lack of cooperation among street traders. In relation to supplier power, we conclude that while this varies according to a number of factors, the formal sector is dominant over informal fruit and vegetable sellers in this market. This finding rests primarily on the observation that, because of their fragmentation, the informal traders’ collective buying power is not being used in the same way as large formal retailers of fruit and vegetables to obtain better terms of trade with the formal economy supplier.

APA, Harvard, Vancouver, ISO, and other styles

22

Ebrahim, Shamier. "The Interpretation to be accorded to the Term "Benefits" in Section 186(2)(A) of the LRA Continues: Apollo Tyres South Africa (PTY) LIMITED v CCMA (DA1/11) [2013] ZALAC 3." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (April 21, 2017): 612. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2267.

Full text

Abstract:

The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any unfair act or omission by an employer relating to the provision of benefits to an employee falls within the ambit of an unfair labour practice. In Schoeman v Samsung Electronics SA (Pty) Ltd[1] the Labour Court (the "LC") held that the term benefit could not be interpreted to include remuneration. It stated that a benefit is something extra from remuneration. In Gaylard v Telkom South Africa Ltd[2] the LC endorsed the decision in Samsung and held that if benefits were to be interpreted to include remuneration then this would curtail strike action with regard to issues of remuneration. In Hospersa v Northern Cape Provincial Administration[3] the issue regarding the interpretation of the term benefits did not relate to whether or not it included remuneration but rather to whether it included a hope to create new benefits which were non-existent. The Labour Appeal Court (the "LAC") held that the term benefits refers only to benefits which exist ex contractu or ex lege but does not include a hope to create new benefits. The LAC adopted this approach in order to maintain the separation between a dispute of interest and one of mutual interest, the latter being subject to arbitration whilst the former is subject to the collective bargaining process (strike action). In Protekon (Pty) Ltd v CCMA[4] the LC disagreed with the reasoning in Samsung and held that the term remuneration as defined in section 213 of the LRA is wide enough to include payment to employees, which may be described as benefits. The LC remarked that the statement in Samsung to the effect that a benefit is something extra from remuneration goes too far. It further remarked that the concern that the right to strike would be curtailed if remuneration were to fall within the ambit of benefits need not persist. It based this statement on the reasoning that if the issue in dispute concerns a demand by employees that certain benefits be granted then this is a matter for the collective bargaining process (strike action) but where the issue in dispute concerns the fairness of the employer’s conduct then this is subject to arbitration.[5] It is then no surprise that the issue regarding the interpretation of the term benefits once again came before the LAC in Apollo Tyres South Africa (Pty) Limited v CCMA & others.[6] The LAC was tasked with deciding if the term could be interpreted to include a benefit which is to be granted subject to the discretion of the employer upon application by the employee. In deciding this, the LAC overturned the decisions in Samsung and Hospersa and opted to follow the decision in Protekon. Apollo is worthy of note as it is the latest contribution from the LAC regarding the interpretation of the term benefits and it is of binding force for the Commission for Conciliation Mediation and Arbitration and Labour Courts in terms of the principle of stare decisis. The purpose of this note is threefold. Firstly, the facts, arguments and judgment in Apolloare stated briefly. Secondly, the judgment is critically analysed and commented upon. Thirdly, the note concludes by commenting on the way forward for benefit disputes in terms of section 186(2)(a) of the LRA.

APA, Harvard, Vancouver, ISO, and other styles

23

Fones-Wolf, Elizabeth, and Ken Fones-Wolf. "“Termites in the Temple”: Fundamentalism and Anti-Liberal Politics in the Post–World War II South." Religion and American Culture: A Journal of Interpretation 28, no. 2 (2018): 167–205. http://dx.doi.org/10.1525/rac.2018.28.2.167.

Full text

Abstract:

AbstractFrom 1946 to 1950, East Tennessee was embroiled in a bitter campaign over the radio preacher and evangelist, J. Harold Smith. More than a curiosity, this confrontation helps us understand a much broader struggle that cut deeply through American society in the post-World War II era. It was a conflict that grew out of a conservative political effort to roll back the New Deal, the union-led regime of collective bargaining, and the tide of modernist religion. These issues overlapped with concerns about African-American equality and the Soviet Union’s threat to the nation’s security. Although recent scholarship has revealed the symbiotic relationship between postwar evangelicalism and free-enterprise ideology, we know little about how and why that message resonated for many middling and working-class individuals. Fortunately, supporters of Smith’s radio program wrote thousands of letters that illuminate what normally anonymous people were thinking about God, society, and politics in the postwar years.In this paper, we use the events in Knoxville as a window into the broader contest over religion and politics in postwar America. Smith’s struggle in Knoxville occurred during an especially tumultuous time in the South. As such, it reveals one regional context for the unsettling political changes and religious conflicts that were occurring nationally. Finally, a study of the responses of Smith’s supporters affords a rare opportunity to analyze one base of postwar fundamentalism and what drew them to the politics and theology of men like J. Harold Smith.

APA, Harvard, Vancouver, ISO, and other styles

24

Hamilton, Lawrence. "Collective unfreedom in South Africa." Contemporary Politics 17, no. 4 (December 2011): 355–72. http://dx.doi.org/10.1080/13569775.2011.619756.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

Brigden, Cathy. "Unions and Collective Bargaining in 2008." Journal of Industrial Relations 51, no. 3 (May 20, 2009): 365–78. http://dx.doi.org/10.1177/0022185609104303.

Full text

Abstract:

For Australian unions, 2008 was the first year with a federal labour government in office after more than a decade of conservative government. Attention focused on the promised dismantling of the Work Choices legislation and the introduction of a new legislative framework, although it took until late November for the Fair Work Bill to be introduced into federal parliament. Confronting a disappointing decline in union membership levels, a number of union campaigns focused on recollectivizing workplaces. For other unions, collective bargaining with employers was a frustrating experience, as was the case with Qantas and Telstra. Public sector unions faced lengthy and hard-fought disputes with state labour governments, while an extraordinary dispute over electricity privatization unfolded between unions and the New South Wales Labor government. By the end of the year, the impact of the global financial crisis, and the consequences for jobs was the prevailing concern for many unions.

APA, Harvard, Vancouver, ISO, and other styles

26

Adelstein, Richard. "Plea bargaining in South Africa : an economic perspective." Constitutional Court Review 9, no. 1 (December 20, 2019): 81–111. http://dx.doi.org/10.2989/ccr.2019.0004.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Gupta, G. P. Das. "Book Review: Industrial Relations and Collective Bargaining in South Asia." Management and Labour Studies 25, no. 3 (July 2000): 222–23. http://dx.doi.org/10.1177/0258042x0002500309.

Full text

APA, Harvard, Vancouver, ISO, and other styles

28

Luo, Siqi, and Tao Yang. "Why worker-supported collective bargaining may still fail." Employee Relations: The International Journal 42, no. 2 (December 2, 2019): 471–91. http://dx.doi.org/10.1108/er-06-2019-0250.

Full text

Abstract:

Purpose The purpose of this paper is to illustrate that some enterprise unions in South China, as strategic labor actors, made local progress in collective bargaining, but further elaborates on why gainful bargaining would require a more systematic understanding of the prevailing industrial structure. Design/methodology/approach This paper is mainly drawn from intensive site visits and 51 in-depth interviews in 2013 and 2014, and several follow-ups up to 2018. Three cases of collective bargaining, featuring different union strategies of assertive negotiation, informal cooperation and direct confrontation, are discussed in detail. Findings The study illustrates that viable collective bargaining with worker-supported unions is possible in China. However, the effectiveness of bargaining does not count on this alone; the supply chain structure also imposes significant constraints, mainly by narrowing the bargaining scope of each supplier and differentiating the structural power of their unions. In these cases, institutionalized union coordination beyond individual suppliers is proposed. Research limitations/implications These cases began as post-strike bargaining in Japanese auto supply chains and became the frontier of industrial relations in China. The impact of the supply chain in different sectors or regions requires further study. Originality/value This paper draws attention to the effect of an “invisible” but increasingly significant factor, industrial structure, on enterprise-level collective bargaining in China, unlike many previous criticisms of unwillingness or incompetence among labor actors.

APA, Harvard, Vancouver, ISO, and other styles

29

Kim, Pan Suk. "New development: A new history of collective bargaining in South Korean governance." Public Money & Management 38, no. 7 (October 8, 2018): 539–42. http://dx.doi.org/10.1080/09540962.2018.1527576.

Full text

APA, Harvard, Vancouver, ISO, and other styles

30

Griffin, Susan. "Occupational Therapy Clinicians' Attitudes Toward Collective Bargaining in New South Wales, Australia." Journal of Individual Employment Rights 4, no. 1 (January 1, 1995): 41–53. http://dx.doi.org/10.2190/be05-egb8-eucw-exq6.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

Leckie, Jacqueline. "Book Reviews : Collective Bargaining and Security of Employment in Africa: English-Speaking Countries." Journal of Industrial Relations 32, no. 2 (June 1990): 296–98. http://dx.doi.org/10.1177/002218569003200216.

Full text

APA, Harvard, Vancouver, ISO, and other styles

32

Luo, Siqi, and Tao Yang. "Moderated Mobilization: A New Model of Enterprise-level Collective Bargaining in South China." China Quarterly 242 (August 23, 2019): 418–39. http://dx.doi.org/10.1017/s0305741019001061.

Full text

Abstract:

AbstractIn response to a series of strikes in south China in 2010, a new model of collective bargaining has emerged, featuring what this article describes as “moderated mobilization.” Distinct from what is typically known as China's quadripartite industrial relations system, whereby workers are separated from the party-state, official trade unions and employers, this model shows workers and enterprise-level trade unions in collaboration with one another. According to our observations from 2012 to 2017, some enterprise unions have successfully mobilized workers throughout the collective bargaining process. These unions are democratically elected by workers and are relatively independent from the official authorities. At the same time, they have “moderated” such mobilization particularly to reduce labour militancy, given the political and institutional constraints within which they must work. The implication of this new model is significant. Although it might be far from solving the quadripartite dilemma, it has signalled an increase in local initiatives among enterprise unions – a previously neglected but pragmatically favourable channel for workers.

APA, Harvard, Vancouver, ISO, and other styles

33

Chen, Feng, and Xuehui Yang. "Movement-oriented labour NGOs in South China: Exit with voice and displaced unionism." China Information 31, no. 2 (March 20, 2017): 155–75. http://dx.doi.org/10.1177/0920203x17698447.

Full text

Abstract:

Movement-oriented labour NGOs in China are groups committed to the advancement of workers’ collective interests in a way very similar to that of trade unions in other countries. As the gap between workers’ demands for collective bargaining and their lack of union representation widens, the role of movement-oriented labour NGOs has increased. These NGOs are led and driven by former workers who have a strong consciousness of workers’ rights and who fought in the workplace for their fellow workers’ interests as well as their own. The leadership shown by former workers significantly accounts for the behavioural patterns and strategic choices of movement-oriented labour NGOs. The study reported in this article uses two descriptive concepts to characterize the emergence and role of movement-oriented labour NGOs: exit with voice and displaced unionism. The former refers to the social process by which former workers become activists of movement-oriented labour NGOs, while the latter points to a grass-roots labour movement facilitated from outside the factory gates. This article argues that, while having performed a trade union-like role and promoted worker-led collective bargaining, movement-oriented labour NGOs embody a fundamental predicament of the Chinese labour movement, which is that organized labour activism in the Chinese workplace is largely prohibited.

APA, Harvard, Vancouver, ISO, and other styles

34

Najam, Adil. "Dynamics of the Southern Collective: Developing Countries in Desertification Negotiations." Global Environmental Politics 4, no. 3 (August 1, 2004): 128–54. http://dx.doi.org/10.1162/1526380041748100.

Full text

Abstract:

This paper seeks to understand how the collective South, as institutionally represented by the Group of 77 (G77), manages its unity as a negotiating collective despite its many internal differences and in the face of external pressures. Negotiations leading to the United Nations Convention to Combat Desertification (CCD) are used as an empirical case study. This is a particularly interesting case because a) it was manifestly South-driven, b) it saw uncommonly intense South-South bargaining within the context of a global environmental negotiation, and c) it also saw intense North-South differences. In focusing on how the G77 managed its internal (South-South) as well as external (South-North) negotiations, the paper uses a negotiation analytical framework to derive generalizable lessons about the collective negotiating behavior of the developing countries' caucus in global environmental politics.

APA, Harvard, Vancouver, ISO, and other styles

35

Jay, Mary. "Co-publishing with Africa North–South–North." Logos 31, no. 2 (September 4, 2020): 19–27. http://dx.doi.org/10.1163/18784712-03102003.

Full text

Abstract:

The decolonization of African studies extends beyond content to ethical partnerships between the North and the African continent. One key component of realizing partnership is through publishing. African studies research published by Northern publishers is not often even minimally available in Africa; and this is despite scholars on the continent often being partners or facilitators in research undertaken by Northern scholars. Northern publishers have perceived no commercial gain, given small African markets, lack of purchasing power, and lack of distribution systems. Conversely, African publishers have efficient distribution into the North through African Books Collective, owned and governed by them. But in suitable rare cases the African publisher can broker co-publications with Northern publishers who want the originating rights. In the light of these issues, African Books Collective launched an initiative to seek to break the deadlock. In partnership with the International African Institute, and with the active support of the African Studies Associations of the UK and the US, work is proceeding with publishers in the North and the South to broker co-publishing or co-editions to address this historic marginalization of Africa.

APA, Harvard, Vancouver, ISO, and other styles

36

Olivier, Johan L. "State repression and collective action in South Africa, 1970–84." South African Journal of Sociology 22, no. 4 (December 1991): 109–17. http://dx.doi.org/10.1080/02580144.1991.10431942.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Yi, Sohoon, and Jennifer Jihye Chun. "Building worker power for day laborers in South Korea’s construction industry." International Journal of Comparative Sociology 61, no. 2-3 (December 4, 2019): 122–40. http://dx.doi.org/10.1177/0020715219889383.

Full text

Abstract:

This article examines how unions build worker power for day laborers in South Korea’s construction industry in the context of widespread informality. Drawing upon regional case studies of the Korean Construction Workers Union (KCWU), we find that construction day laborers experience poor working conditions and rampant employment violations under multiple layers of subcontracting that enable capital to bypass existing labor laws and regulations. Despite the regulatory challenges of complex subcontracting systems, unions can still exert direct pressure on firms to improve informal working conditions by securing and enforcing creative collective agreements. Key to this process is the development of regionally-specific forms of worker power that target firms located higher up the subcontracting chain to take responsibility for informal working conditions. Although the scope of influence varies depending on the type of worker power that unions cultivate (e.g. structural, associational, and symbolic), each form of worker power has enabled unions in different regional contexts to establish uniform standards regarding job quality and job security despite formal restrictions on the legal authority of unions as bargaining agents for informal workers. While such approaches require a high level of organizational and strategic capacity, they demonstrate the ongoing relevance of unions in challenging the global turn to informal work through workplace organizing and collective bargaining.

APA, Harvard, Vancouver, ISO, and other styles

38

Duffy, Jerrob, and Don Ross. "Bargaining for Truth and Reconciliation in South Africa: A Game-Theoretic Analysis." South African Journal of Philosophy 20, no. 1 (January 2001): 66–89. http://dx.doi.org/10.4314/sajpem.v20i1.31323.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Gutura, Priscilla, and Pius Tangwe Tanga. "“Bargaining with Children”: Unintended Consequences of Children’s Grants in Rural South Africa." Journal of Sociology and Social Anthropology 7, no. 1 (January 2016): 35–43. http://dx.doi.org/10.1080/09766634.2016.11885700.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

Magruder, Jeremy R. "High Unemployment Yet Few Small Firms: The Role of Centralized Bargaining in South Africa." American Economic Journal: Applied Economics 4, no. 3 (July 1, 2012): 138–66. http://dx.doi.org/10.1257/app.4.3.138.

Full text

Abstract:

South Africa has very high unemployment, yet few adults work informally in small firms. This paper tests whether centralized bargaining, by which unionized large firms extend arbitration agreements to nonunionized smaller firms, contributes to this problem. While local labor market characteristics influence the location of these agreements, their coverage is spatially discontinuous, allowing identification by spatial regression discontinuity. Centralized bargaining agreements are found to decrease employment in an industry by 8–13 percent, with losses concentrated among small firms. These effects are not explained by resettlement to uncovered areas, and are robust to a wide variety of controls for unobserved heterogeneity. (JEL J52, K31, L25, O14, O15)

APA, Harvard, Vancouver, ISO, and other styles

41

Dr Tim Pringle. "Labour under threat: The rise and (possible) fall of ‘collective bargaining’ in South China." International Union Rights 22, no. 4 (2015): 3. http://dx.doi.org/10.14213/inteuniorigh.22.4.0003.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Niens, Ulrike, Ed Cairns, Gillian Finchilescu, Don Foster, and Colin Tredoux. "Social Identity Theory and the Authoritarian Personality Theory in South Africa." South African Journal of Psychology 33, no. 2 (May 2003): 109–17. http://dx.doi.org/10.1177/008124630303300206.

Full text

Abstract:

Social identity theory assumes that individuals and collectives apply identity management strategies in order to cope with threatened social identities. It is argued here that an integration of social identity theory and the authoritarian personality theory may help to investigate identity management strategies for minority and majority groups. It was intended to investigate predictors of identity management strategies applied by students at the University of Cape Town. Analyses are based on a questionnaire survey of 457 university students. Results only partially confirmed assumptions derived from social identity theory. Group identification and perceptions of legitimacy were related to the individual identity management strategy, “individualisation”, while the collective strategy “social competition” was associated with collective efficacy and authoritarianism. Perceptions of instability and authoritarianism predicted preferences for “temporal comparisons”. ‘Superordinate recategorisation’ was only very weakly predicted by group identification. The study indicated that social identity theory and the authoritarian personality theory might play different roles in preferences for identity management strategies. While social identity theory appears better in explaining individual identity management strategies, the authoritarian personality theory might be better in explaining collective strategies.

APA, Harvard, Vancouver, ISO, and other styles

43

Nyawasha, Tawanda Sydesky. "Social Capital, Collective Morality and HIV/AIDS in Rural South Africa." Journal of Social Sciences 31, no. 3 (June 2012): 271–78. http://dx.doi.org/10.1080/09718923.2012.11893036.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Never, Babette. "Collective Learning through Climate Knowledge Systems: the Case of South Africa." Politikon 39, no. 2 (August 2012): 231–56. http://dx.doi.org/10.1080/02589346.2012.683941.

Full text

APA, Harvard, Vancouver, ISO, and other styles

45

Oberhauser, Ann M., and Amy Pratt. "Women's collective economic strategies and political transformation in rural South Africa." Gender, Place & Culture 11, no. 2 (June 2004): 209–28. http://dx.doi.org/10.1080/0966369042000218464.

Full text

APA, Harvard, Vancouver, ISO, and other styles

46

BHORAT, HAROON, SUMAYYA GOGA, and CARLENE VAN DER WESTHUIZEN. "INSTITUTIONAL WAGE EFFECTS: REVISITING UNION AND BARGAINING COUNCIL WAGE PREMIA IN SOUTH AFRICA." South African Journal of Economics 80, no. 3 (September 2012): 400–414. http://dx.doi.org/10.1111/j.1813-6982.2011.01306.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

Oswald, Marietjie, and Erika Rabie. "Rethinking gifted education in South Africa." Gifted Education International 33, no. 3 (May 16, 2016): 273–85. http://dx.doi.org/10.1177/0261429416642285.

Full text

Abstract:

In this article, we report the findings of a qualitative, collective case study exploring the academic experiences of six grade 11 gifted students in two schools in diverse socio-economic communities in rural Western South Africa. Gifted students represent an important component of a nation’s intellectual capital. They possess the qualities needed to find innovative solutions for many scientific and social challenges. Despite inclusive education policy initiatives aimed at ensuring quality education for all, the extant research indicates that gifted students from all socio-economic levels and cultures are neglected in South African classrooms. In this study, the voices of the students themselves were analysed. Whilst they are on the receiving end of education policy and teaching initiatives, their contributions are seldom sought. Our data collection methods included multiple measures and six in-depth individual semi-structured interviews as well as a focus group interview with all the subjects. The informal findings showed that academically gifted students from both affluent and disadvantaged backgrounds face similar challenges. They often feel neglected and academically under-stimulated. Recommendations were made to address their needs more appropriately.

APA, Harvard, Vancouver, ISO, and other styles

48

Paret, Marcel. "Precarious Class Formations in the United States and South Africa." International Labor and Working-Class History 89 (2016): 84–106. http://dx.doi.org/10.1017/s0147547915000381.

Full text

Abstract:

AbstractRecent scholarship highlights the global expansion of precarious layers of the working class. This article examines the growth and collective struggles of such precarious layers in two very different places: California, United States and Gauteng, South Africa. The comparison challenges and extends existing research in two ways. First, it shows that the spread of insecurity is far from uniform, taking different forms in different places. Lack of citizenship is more crucial for workers in California, whereas underemployment is more crucial for workers in Gauteng. Second, it shows that insecure segments of the working class are capable of developing collective agency. This agency may be rooted in identities that extend beyond precarious employment, and will reflect the particular forms of insecurity that are prevalent in the given context. Such diversity is illustrated by examining May Day protests in California and community protests around service delivery in Gauteng.

APA, Harvard, Vancouver, ISO, and other styles

49

Good, Kenneth. "Zambia and the Liberation of South Africa." Journal of Modern African Studies 25, no. 3 (September 1987): 505–40. http://dx.doi.org/10.1017/s0022278x00009952.

Full text

Abstract:

The nine member-states of the Southern African Development Coordination Conference (S.A.D.C.C.) – Zimbabwe, Zambia, Angola, Mozambique, Botswana, Tanzania, Malawi, Lesotho, Swaziland – are notable for their collective weakness relative to South Africa, and their very wide economic and political heterogeneity.1 Only four, or at most five, have economies whose annual G.D.P. exceeds $2,000 million: two of these, Angola and Mozambique, are under more or less constant attack from South Africa or its surrogate forces, while Tanzania is actually the most remote, physically and economically. At the same time, Malawi, Swaziland, and Lesotho – who are not in the so-called ‘Frontline’, unlike the other six – have rather close political relations with Pretoria, Malawi most substantively since as early as 1966 and Swaziland since 1982.2 Botswana is more independent politically, with a modest G.D.P. and very small population.

APA, Harvard, Vancouver, ISO, and other styles

50

Bain, Katherine. "The challenge to prioritise infant mental health in South Africa." South African Journal of Psychology 50, no. 2 (October 31, 2019): 207–17. http://dx.doi.org/10.1177/0081246319883582.

Full text

Abstract:

Despite clear evidence that infant mental health intervention is imperative, mental health services for infants and their caregivers worldwide remain under-prioritised, under-funded, and inaccessible to most populations. South Africa is no exception. This article proposes some potential explanations for this, exploring both practical constraints and possible resistances within the currents of our collective unconscious.

APA, Harvard, Vancouver, ISO, and other styles

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

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles