Academic literature on the topic 'Unfair labor practices'
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Journal articles on the topic "Unfair labor practices"
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Cho, Sang Kyun. "Judgment the eligibility of the party in the application for remedy for unfair labor practices." Institute for Legal Studies Chonnam National University 43, no. 1 (February 28, 2023): 175–97. http://dx.doi.org/10.38133/cnulawreview.2023.43.1.175.
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In this case, the issue was whether the conciliatory remarks of the executive director, who has the position of representing the interests of the company, constituted an unfair labor practice against union members and labor unions, As a related issue or prerequisite, whether an employer who are not business owner is eligible as a respondent for an unfair labor practice remedy application, and a labor union who is not the direct counterpart of the unfair labor practice is eligible as an applicant for an unfair labor practice remedy application in case of infringement of rights. This is a case in which a judgment is made on the eligibility of the parties, etc. Regarding this issue, the target judgment is based on Article 81 of the Trade Union Act, criticizing the understanding that only the business owner has the qualifications of the respondent in relation to the remedy order when it is conventionally judged that unfair labor practices are established with respect to the eligibility of the respondent. It was judged that all the users specified were qualified as respondents. And if the rights of a specific trade union may be infringed due to unfair labor practices against a trade union that seeks to join or solidarity with a specific trade union regarding the eligibility of the applicant, the specific trade union directly commits the unfair labor practice Even if it is not the other party, it is judged that it has the qualifications to apply for remedy for unfair labor practice. In spite of some unsatisfactory aspects in the target judgment, it is possible to apply for relief against the manager, etc. It is significant in that it is a ruling that can make a big change in practice related to unfair labor practice relief applications, such as the specific labor union having the right to apply for relief.
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Das, Sanghamitra. "On the penalties for unfair labor practices." Economics Letters 34, no. 1 (September 1990): 99–104. http://dx.doi.org/10.1016/0165-1765(90)90189-8.
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Thomason, Terry. "The Effect of Accelerated Certification Procedures on Union Organizing Success in Ontario." ILR Review 47, no. 2 (January 1994): 207–26. http://dx.doi.org/10.1177/001979399404700204.
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Several observers have argued that one reason for higher union density in Canada than in the United States is that union certification procedures are considerably less time-consuming in Canada. This study tests that claim through an analysis of data on employer unfair labor practices and the outcome of union certification applications in Ontario from 1982 through 1990. The author finds that employer unfair labor practices reduced union support in certification campaigns in Ontario, but their effect is far less significant than that found in studies of the certification process in the United States.
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KIM, Tae Hyun. "Autonomy of Labor Unions and Aid for Operating Costs as Unfair Labor Practices." KANGWON LAW REVIEW 61 (October 31, 2020): 143–77. http://dx.doi.org/10.18215/kwlr.2020.61..143.
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DeMaria, Alfred T. "Supervisor's E-mail Leads to 10 Separate Unfair Labor Practices!" Management Report for Nonunion Organizations 39, no. 6 (May 16, 2016): 3–4. http://dx.doi.org/10.1002/mare.30171.
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Nikitas, Margot A., and César F. Rosado Marzán. "Danbury Hatters in Sweden: A U.S. Perspective on the Available Remedies and Sanctions for Employers Who Suffer Unfair Labor Practices by Labor Unions." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (September 1, 2014): 339–56. http://dx.doi.org/10.54648/ijcl2014019.
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This article describes the remedies available to employers who suffer unfair labor practices by labor unions, and contributes to European Union (EU) discussions on how the EU should sanction labor organizations that infringe on fundamental freedoms. These EU discussions have flourished ever since the Court of Justice of the European Union decided the Laval quartet of cases which held that worker concerted activities that impacted freedom of services and establishment in the EU violated EU law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages, on labor unions for violating EU law. The U.S. experience warns against the imposition of punitive damages. Punitive damages may not only be unfair for workers, but may cause unions to become too risk-averse when representing workers. Moreover, workers' concerted activities should be understood as activities commensurate with market freedoms. If such market freedoms are exercised in unfair ways, the unions should be subject to compensatory but not punitive damages.
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Koeller, C. Timothy. "Employer unfair labor practices and union organizing activity: A simultaneous equation model." Journal of Labor Research 13, no. 2 (June 1992): 173–87. http://dx.doi.org/10.1007/bf02685476.
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Lee, Sang-Yup. "A Case Study on the Unfair Labor Practices of Domination and Intervention." DONG-A LAW REVIEW 103 (May 31, 2024): 261–84. http://dx.doi.org/10.31839/dalr.2024.05.103.261.
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Sin, Dongyun. "The ADR Procedure and Implication of Labor Disputes in the United States." Institute for Legal Studies Chonnam National University 43, no. 3 (August 31, 2023): 173–200. http://dx.doi.org/10.38133/cnulawreview.2023.43.3.173.
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In South Korea, specific work procedures have not been established to activate the alternative dispute resolution before and after labor disputes in the relief procedure. In particular, there is no special law that can uniformly and consistently apply the alternative solutions to labor disputes, and the subjects, procedures, and contents of the application are scattered in the Trade Union and Labor Relations Adjustment Act or the Labor Relations Commission Act. Nevertheless, the Labor Relations Commission actively participates from the collective bargaining stage, or the local labor commission leads the cooperation from the local governments to deploy the experts of alternative dispute resolution from the community. Therefore, in order for South Korea to actively introduce and revitalize the methods of alternative dispute resolution in labor cases, it is firstly necessary to establish the legal bases, procedures, and contents for the alternative dispute resolution.
Therefore, this paper aims to derive implications after examining the ADR procedure in the case of unfair labor practices and employment discrimination in the United States. Firstly, the ADR procedure in the United States provides the legal basis in accordance with the Administrative Dispute Resolution Act of 1996, a federal law. Specifically, the ADR procedures and contents of unfair labor practices and employment discrimination cases can be found through the Federal Code of Regulations. Secondly, the agency conducts the ADR procedures according to the work in charge of each agency. In other words, it means that the division of labor by agency is possible depending on the task in charge. Thirdly, the timing of the commencement for the ADR procedure is possible even before applications for unfair labor practices and employment discrimination relief are received. In other words, the ADR procedure may proceed at any stage before and after the issuing for relief. Fourthly, the ADR procedures are based on spontaneity, neutrality, confidentiality, and enforceability. Therefore, either party may withdraw the ADR at any time, and is left at the sole discretion of the party, without incurring any charges or expenses. Fifthly, the National Labor Relations Board has signed the agreement with the Equal Employment Opportunity Commission to provide mediators, while the Equal Employment Opportunity Commission uses not only internal mediators but also external contract mediators. Sixthly, the Employment Equality Opportunity Commission enters into the universal mediation agreement with employers. In other words, the Employment Equality Opportunity Commission encourages employers to enter into the universal mediation agreement to utilize the mediation at the regional, local, or national level. Seventhly, the National Labor Relations Board's ADR reconciliation and withdrawal rate and the Equal Employment Opportunity Commission's adjustment resolution rate exceed 70%, so its effectiveness is excellent.
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Hamid, Adnan, and Andi Wahyuni Wibisana. "The implementation of labor strike rights: Between freedom and order in Indonesia." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 3 (April 30, 2022): 267–74. http://dx.doi.org/10.20525/ijrbs.v11i3.1736.
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This research aims to investigate and know about the implementation of labor strike rights, between freedom and order in Indonesia. The methodology of this research is normative legal research using a qualitative descriptive approach, and data collection techniques using library research techniques. The results of the study indicate that a labor strike occurs when unjust labor practices occur in which workers/workers hold their jobs to protest against employers who are considered to have violated the applicable labor laws. Workers who strike because of unfair labor practices cannot be legally dismissed or replaced permanently and this is guaranteed by law in Indonesia. However, some efforts are needed to navigate the potential for a labor strike that can be carried out by improving the quality of working life in the company. Through the implementation of the quality of work-life, it is hoped that workers will feel involved in the workplace. If there is a problem at work, the workers/workers want to be heard by the company's leadership, and they want to know that there is a fair settlement process as regulated by the prevailing regulations and laws so that this is the best solution to prevent and deal with labors to strike rights.
Dissertations / Theses on the topic "Unfair labor practices"
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Share, Hanli. "Suspension as an unfair labour practice." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018655.
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Suspension as a form of an unfair labour practice can be of two categories. There could be a situation where an employer suspends an employee as a disciplinary sanction after an employee has committed an act of misconduct. This is often referred to as a punitive suspension. An employer may also suspend an employee pending a disciplinary hearing. In this case the employee has not yet been found guilty because the investigation into the alleged misconduct is still on going. The employee may be suspended as a way of preventing him from interfering with the investigation process into the alleged misconduct. This form of suspension is often referred to as a preventative suspension. It is very important to note the distinction between the two forms of suspension because the processes that are followed when effecting them are different. Failure to acknowledge the difference might result in a situation where an employer might be effecting a preventative suspension but the consequences might be that of a punitive suspension and end-up being an unfair labour practice. Suspension is a disciplinary measure, and it is important to note that in the event that the employer elects to implement a suspension, its conduct must be disciplinary in nature and intent and should be corrective rather than punitive.Unlike dismissals where the Code of Good Practice of the Labour Relations Act, No 66 of 1995 provides guidance on what constitutes procedural and substantive fairness, there are no guidelines on what constitutes procedural and substantive fairness when it comes to suspensions. This has resulted in a situation where suspension is treated as a minor aspect of disciplinary measures that is frequently abused as it is often on full remuneration. This, however, does not allow an employer to suspend employees at will, without merit and without following proper procedure. Suspension could have severe adverse effects on employees and often affects their reputation, goodwill, human dignity, self-esteem and the right to meaningful association and work. It is for this reason that suspension must be effected in a way that is procedurally and substantively fair.Punitive suspension is implemented as a sanction and is often without pay and is a last resort prior to dismissal. Preventative suspension occurs prior to a disciplinary hearing, with the aim of temporarily removing the employee from the workplace to enable the employer to conduct a proper investigation without interference. Unfortunately preventative suspensions are often abused by employers in that they protract over extended periods of time, making the preventative suspension punitive in nature, to the extent that the courts have been forced to intervene and lay down stringent requirements that must be met in order to prevent such abuse.There are various requirements for suspension which range from the intention of the employer, the audi alteram partem rule, sufficient reasons prior to suspension to period of suspension. Most employment relationships are governed by disciplinary codes or collective agreements, which often place limitations on the concept of suspension. Some codes provide for special leave at the option of the employee, which the employer often abuses instead of utilizing the preventative suspension option. This, however, is more often than not to suit a political agenda.In the event of non-compliance by an employer, an employee is not left remediless. An unfair suspension constitutes an unfair labour practice and an employee has the right to refer such dispute to the relevant labour forums like the CCMA or the relevant bargaining council. Employees are cautioned not to refer their disputes to the Labour Court for final relief, but rather to only approach the courts for urgent interim relief, like interdicts.
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Brand, Hugo. "Unfair discrimination in recruitment practices." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021197.
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The focus of this paper is to emphasize the importance for every employer to avoid unfair discrimination during the recruitment process and to value diversity in the workplace. This is not only a legal requirement, but also gives an employer the best chance of getting the right person for the job. It is crucial to understand that job applicants are mostly people that employer’s do not actually employ, but might be able to make an unfair discrimination claim against the employer if the claimant believes he/she was not selected for a job because the employer discriminated against them unlawfully in the recruitment process. When writing the job description and a person specification, the employer should state clearly what tasks the person will have to execute and what skills will be needed for the job. Job descriptions should accurately describe the genuine essential duties and inherent requirements of the job. Personnel specifications should accurately describe the relevant, non-discriminatory and objectively justifiable requirements to be met by the post-holder. Specifications should not have any requirements that are not directly related to the job and it is important for employers to provide evidence that each recruitment and screening practice is job-related and consistent with business necessity. Employers are advised to devise and implement recruitment procedures and guidelines for all staff and applicants involved in the process of recruitment and to ensure that these incorporate the principles of the organisation’s equal opportunity principles. Employers should administer recruitment and other selection procedures without regard to race, colour, national origin, sex, religion, age and disability. Even though South Africa is now governed by a new democratic order, historical workplace inequalities still need to be addressed. Not only compelled to redress inequalities by the Constitution, the South African government was motivated by the International Labour Organisation (ILO) to enact laws that would prohibit discrimination and promote the economic advancement of the majority. Recruitment tests or selection procedures must be job-related and its results appropriate for the employer’s purpose. If a recruitment procedure screens out a protected group, the employer should determine whether there is an equally effective alternative selection procedure that has less adverse impact and, if so, adopt the alternative procedure. The justification of discrimination in recruitment practices and affirmative action is only meaningful if it is targeted towards particular aims. One of the more important defences against unfair discrimination in the workplace is the general fairness defence. The general fairness defence is considered to be an applicable defence based on fairness in situations where the two statutory exceptions do not apply. This means than when one looks at the concept of unfair discrimination it implies that discrimination may be justified in certain circumstances Legislation prohibits discrimination on various grounds especially throughout the process of recruitment and selection. There are limited exceptions to the general principle that it is unlawful to use gender, race, religion or sexual orientation as a criterion in the recruitment process. These exceptions are known as genuine occupational qualifications and the specifications for jobs should be carefully examined to ensure that there are no factors contained that are indirectly discriminatory. Focus must be placed on avoiding indirect discrimination in job factors. In the early stages of the recruitment process, an employee specification should be written that describes the type of person the employer seeks to be appointed in terms of qualifications, experience, skills and personal attributes. The imposition of inappropriate or unsuccessfully high standards or criteria may indirectly discriminate against people from a particular minority or racial group or religion. Employees must have the necessary skills to demand employment equity status especially where a designated employer does not have sufficient affirmative action employees and is obliged to rectify the situation. However, this does not mean that affirmative action applicants must be chosen above non-affirmative action employees. The principle of reversed discrimination stands firm if the motivation for appointing a particular person is based on a genuine desire to promote diversity, to apply affirmative action and to increase the numbers of people from a disadvantaged group in employment, or to create a more balanced workforce.
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Abrahams, Dawood. "The unfair labour practice relating to promotion." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/329.
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This article deals with the South African law relating to promotions. As promotion disputes mostly arise as alleged unfair labour practices, a short discussion on how the concept of an unfair labour practice developed in South Africa is undertaken. In this regard the common law is studied in order to see whether it makes provision for protection of employees subjected to unfair labour practices relating to promotions. Through this study one soon realises that the common law is in fact inadequate to deal with unfair labour practices relating to promotions, and thus an enquiry into various legislative provisions are undertaken. The impact of the all-important Wiehahn Commission of Enquiry, established in 1979, is also briefly discussed. In this article an attempt is made to define the term ‘promotion’. In this regard reference is made to some cases adjudicated upon by the Commission for Conciliation Mediation and Arbitration (the “CCMA”). The cases referred to seem to favour the view that when one is defining the term ‘promotion’, regard must be had to the employment relationship between the employer and the employee, as well as the nature of the employee’s current work in relation to the work applied for, in order to establish whether in fact a promotion has taken place. It is necessary to consider what unfair conduct is defined as in the context of promotions. It seems that managerial prerogative is at the center of the enquiry into unfair conduct of the employer. Further to the analysis of unfair conduct, various principles that govern both procedural and substantive unfairness are considered. These principles are dealt with separately with reference to case law. Lastly the dispute resolution mechanisms are considered and a brief discussion on remedies is undertaken. The remedies are discussed with reference to case law, as well as the provisions of the Labour Relations Act 66 of 1995 as amended by the Labour Relations Amendment Act 12 of 2002. The broad headings of this article are accordingly unfair labour practices, definition of promotions, unfair conduct of the employer, onus of proof and remedies. It is concluded with the proposition that once an employer has set policies and procedures in place in dealing with promotions, then such an employer should stick to those policies and procedures within the context of the law, as well as within the percepts of the vague and nebulous term of ‘fairness’. Should the employer fail to do so, the majority of cases indicate that such an employer will be guilty of an unfair labour practice relating to promotion.
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Timothy, Andrea Francis. "The unfair labour practice relating to benefits." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021157.
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The meaning of the term “benefits” in the context of unfair labour practice jurisprudence, having previously been unsettled for more than a decade, has now been settled by the Labour Appeal Court in the Apollo.1 Prior to Apollo,2 our courts have struggled to adopt a stance to maintain the distinction between disputes of rights and disputes of interest as separate compartments. The prevalent view at that stage was that, in order for an employee to lodge a dispute at the CCMA or Bargaining Council the employee would have to show that he or she had a right to the benefit that arises by virtue of contract, statute or collective agreement, failing which the CCMA or a Bargaining Council would not have the jurisdiction to determine the dispute, in which case it may constitute a dispute of interest and the employee will have to embark on an industrial action to secure a benefit. Apollo3 endorsed a previous decision of the Labour Court,4 i.e. by placing “benefits” into the following two categories: (1) Where the dispute is about a demand by employees concerning their benefits, it can be settled by way of industrial action. (2) Where the dispute concerns the fairness of the employer's conduct, it must be settled by way of adjudication or arbitration. As a result of the above categorisation, the CCMA or Bargaining Council may adjudicate a dispute relating to benefits where there is a pre-existing benefit and the employer refuses to comply with its obligation towards the employer in that regard. It may also adjudicate disputes relating to the provision of a car allowance (i.e. where the employer retains the discretion to grant or withhold the allowance) and disputes relating to the provision of bonuses (i.e. where the employer retains the discretion to grant or withhold the bonus). In this treatise, I set out the history and development of the legislation in relation to the concept of “benefits” (in the context of unfair labour practice) so as to understand how our Labour Appeal Court has now come to settle the issues above.
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Tsheko, Toto. "Unfair labour practice relating to promotion in the public education sector." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/6050.
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This topic deals with unfair labour practice relating to promotion and will focus mainly on the public education sector. The Labour Relations Act of 1956 and 1995, with respect to the concept of unfair labour practice, will be analysed. It is through this discussion that one appreciates how the concept of unfair labour practices has evolved in South African law. An attempt is made to define promotion and in this regard reference is made to cases decided upon by the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court (LC). Furthermore, promotion is defined within the context of public education and applicable legislation. Due regard must be to the employment relationship between the employer and the employee as well as compare the current employee’s job with the job applied to. Unfair conduct by the employer will be discussed within the context of promotion. The prerogative of the employer will be discussed with reference to case law and that discussion will include an analysis of various principles with regard to procedural and substantive fairness. Various remedies provided for in dispute resolution mechanism in line with the provisions of the Labour Relations Act 66 of 1995 and relevant case laws will also be discussed. The last chapter deals with how to strike a balance between employee rights (that is educators) and the rights of learners, in the context of promotion disputes. In this regard reference to case laws will be made. In general the topic will deal with unfair labour practice, definition of promotion including promotion of educators, unfair conduct of the employer, onus of proof, remedies and striking the balance between the rights of the learners and educators.
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Gixana-Khambule, Bulelwa Judith. "Unfair discrimination in employment." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/359.
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In this treatise the South African law relating to unfair discrimination is discussed. The development is traced from the previous dispensation and the few pronouncements of the Industrial Court on discrimination in employment. Thereafter the actual provisions in the law presently applicable, including the Constitution is considered. With reference to leading cases the issue of positive discrimination by adopting affirmative action measures is evaluated and reference is made to other defences like inherent requirements for the job and a general fairness defence. The conclusion is reached that South African law is developing to give effect to the notion of substantive equality with a view to eradicate the systematic discrimination of the past.
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Cokile, Siyabonga. "The remedies for unfair dismissal." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1033.
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In terms of section 193 of the Labour Relations Act 66 of 1995, there are basically three remedies for unfair dismissal and unfair labour practice, namely reinstatement, re-employment and compensation. In disputes of unfair labour practice an arbitrator may determine a dispute on terms that the arbitrator deems reasonable, including the abovementioned three remedies. For example, in an unfair labour practice dispute relating to promotion or appointment, an arbitrator may order that the process of appointment be started afresh, if is found that the process was flawed. The right to fair labour practice is a right that is enjoyed by everyone and it is a right upon which every employee enjoys not to be unfairly dismissed is entrenched in section 23 of the Bill of Rights. The rights of every employee contained in the Labour Relations Act give content and effect to the right to fair labour practice contained in section 23 of the Bill of Rights. Every trade union, employer’s organisation and employer has a right to engage in collective bargaining, which includes but not limited to the formulation of disciplinary policies in the workplace, which should be observed by every employee. Our constitution mandates the Legislature to enact legislation that regulates collective bargaining. One of the purpose of our Labour Relations Act is to promote collective bargaining and the effective resolution of labour disputes. The remedies for unfair dismissal and unfair labour practice therefore give content and effect to the purpose of the Act, which is to promote effective resolution of labour disputes. The Legislature has given a legislative and policy framework, in terms of which the labour disputes may be resolved. In order to restrict the powers of the arbitrators and courts, section 193 of the Act provides that in ordering the reinstatement and re-employment of dismissed employee, they must exercise a discretion to order reinstatement re-employment, not earlier than the date of dismissal. The remedy of compensation is an alternative remedy, which must be ordered if the circumstances set out in section 193(2)(a) to (d) are applicable. Some arbitrators have made a mistake of treating this remedy as part of the primary remedies. However, our courts have clarified the intention of the Legislature in crafting the remedies for unfair dismissal.
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Sotshononda, Ndomelele. "Recent development concerning the unfair labour practice relating to promotion." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14400.
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This treatise considers the promotion process in the workplace and focuses on the meaning of promotion and the provisions of the Labour Relations Act, 66 of 19951 (Hereinafter referred to as the LRA) relating to promotion. It also considers unfair labour practices from an employee’s perspective. Chapter 2 of this treatise discusses the processes employers should follow when dealing with promotions. Neither the LRA nor the Constitution provides employees with a right to be promoted. However, the Constitution2 provides that all workers have the right to fair labour practices. The concept of unfair labour practices was introduced in South Africa in 1979 following the recommendations of the Wiehahn Commission. For a long time in South Africa the concept of unfair labour practice was defined in broad terms and included unprotected strikes and lockouts. It was left to the Industrial Court to determine conduct which constituted an unfair labour practice. The promulgation of LRA (which took effect in 1996) provided a clear definition of what constitute unfair labour practice in the workplace. The LRA provided a closed list of practices which constitute an unfair labour practice which provided as follows: “(a) unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee; (b) unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee; (c) a failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement; and (d) an occupational detriment, other than dismissal, in contravention of the Protected Disclosures Act, 2000 (Act No. 26 of 2000), on account of the employee having made a protected disclosure defined in that Act.”The LRA brought about significant changes including the exemption of trade unions from committing unfair labour practice to the employers as it was the position under the old Act. There are conflicting views amongst employers and employees as well as labour law experts regarding the determination of the remedies available to applicants when unfairness has been proven in promotion disputes. It is has been observed that many awards has been successfully reviewed by employers, particularly awards that involves protective promotion. Chapter one will be an introduction regarding unfair labour practice, the originality of the concept and the changes and developments the concept has gone through. Chapter two will investigate the meaning of promotion in the workplace. This chapter will focus on the definition of promotion. Elements that constitute promotion will also be addressed. Chapter three considers the provisions of the LRA relating to unfair labour practice: promotion. However, the focus will be narrowed down from the definition of unfair labour practice to the issue of promotion as it is central to the study. Chapter four will examine the manner in which the applicants are differentiated. Furthermore, this chapter will also address the issue of whether the internal applicant should be given preference on the basis that he or she has been working in the organisation but not in the advertised post. Chapter five discusses the importance of substantive and procedural fairness in promotion processes. Chapter six examine the appropriate remedies for aggrieved applicants during the promotion process. A disappointed candidate has a statutory right to approach the relevant bargaining council to seek recourse with regard to the matter. The dispute must be referred to the CCMA within 90 days by the aggrieved applicant.
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Moela, Matlose Phineas. "Exploring the unfair labour practice relating to promotion in the education sector." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12209.
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This research paper explores the means at the disposal of employers and employees to address the phenomenon of unfair labour practice relating to promotion in the workplace. Furthermore the paper endeavours to illustrate that there are aspects of South African law that provide a framework within which unfair labour practices can be addressed in the workplace. As I explore these fundamental issues of the law, the fairness relating to recruitment and selection practices will be examined. Some recommendations are also made as to how departments and organisations must address promotion issues at the workplace. There are often perceptions of alleged unfairness committed by employers in the workplace. These perceptions emanate from a number of allegations. The allegations include but are not limited to past practices, policy considerations, acting in higher positions, prior promises, being better qualified, receiving higher marks in the interviews, irregular conduct by the interviewing panel, unfair decisions by appointing authority or their failure to apply their minds, affirmative action or equity considerations. The study seeks to explore some of these allegations and further provide certainty as to what the legal recourse is under those circumstances. The research further seeks to provide the legal certainty pertaining to issues of promotion in the workplace. The study commences on a general approach to the principles of law relating to unfair labour practice in the public sector. Further developments of the law relating to promotion as it applies to the education sector are explored. The study culminates with possible remedies available to instances where an unfair conduct has been found to be committed by the employer during the promotion process. There is sufficient case law which covers the promotion processes. The study also exposes forms of relief which can be awarded to applicants who had lodged disputes in which it is found that indeed the employer had committed unfair labour practice relating to promotion. The study further aims to explore both procedural and substantive fairness with regard to appointment and promotion processes. Issues which are dealt with concerning fairness in promotion disputes include polygraph tests, whether there are hard and fast rules to the process, whether employees have the general right to promotion, what the requirements for fair appointment or promotion are, the law on substantive fairness, affirmative action and promotion, the consequences of failure to appoint the most suitable candidate, dealing with candidates who obtained higher scores in the interviews, promoting a candidate who had not met minimum requirements and promoting candidates based on flawed scores. The research also deals with frivolous referrals of disputes and costs which can be awarded against such applicants. Further issues which are dealt with in this research include the concept of “joinder” which is critical where there is an incumbent in the post which is disputed and the relief sought is that such post must be set aside. Further clarity is given on who is supposed to be joined in a dispute which is referred in the education sector. The CCMA rules on joinder are also clarified. The consequences of failure to join the incumbent are also dealt with. The research is also clarifying the concept of prematurity or ripeness in promotion disputes and its consequent lack of jurisdiction if such is referred.
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Dayimani, Vuyisile. "The determination of compensation in unfair dismissal cases." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020775.
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The LRA 66 of 1995 was established to give effect to section 23(1) of the Constitution of the Republic of South Africa, which guarantees that everyone has a right to fair labour practices. Amongst others, the purpose of the LRA is to advance economic development, labour peace and the effective resolution of labour disputes. At common law termination of employment was occasioned by the conduct of the employer or employee, in terms of which either party may terminate an employment contract by giving agreed notice or reasonable notice. The LRA broadened the common law concept of “repudiation” of a contract of employment in terms of which section 186 of the LRA now defines the term “dismissal” to mean various possible instances that can be caused by the employer or employee. Furthermore, section 185 of the same Act clearly states that a dismissal can be found to be unfair and makes provision for redress to an employee who would be aggrieved by a dismissal. Compensation is one of the remedies that can be awarded to an employee who is found to have been unfairly dismissed. Unlike the LRA of 1956 which gave the courts an unfettered discretion regarding the compensation that could be awarded, section 194 of the current LRA places a limit on the compensation amount that can be awarded. A decision hereon is determined with reference to whether the dismissal is found to have been procedurally, substantively unfair or both. The Act further requires that the compensation must be just and equitable. A challenge in applying section 194 of the Act in this regard is that there would be vast inconsistencies in terms of the amount of compensation to be awarded and that certain presiding officers could consider different approaches in considering factors to be determined when deciding on compensation. In many other instances compensation for unfair dismissal would be decided around the idea of solely punishing the employer. This research document is mainly concerned with identifying the said challenges through case law by considering the decisions of the commissioners and judges in interpreting the old and current provisions of section 194 of the Act. The old section 194 of the Act created a formula to be followed by presiding officers when making a determination on the compensation awarded. The interpretation of the section and its formula brought with it its own complications. The amended section 194 on the other hand, conferred a discretion on presiding officers to award compensation within the caps of 12 months and 24 months for procedurally and substantively unfair dismissal respectively, for as long as the compensation would be just and equitable in all circumstances. Relevant case law and the opinions of labour law experts have been of great assistance in interpreting the current section 194. The factors do not constitute an exhaustive list. They are a mere guideline to presiding officers so as to eliminate or minimize inconsistencies in awarding compensation.
Books on the topic "Unfair labor practices"
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Illinois. Local Labor Relations Board. Unfair labor practice. Springfield, Ill.]: Office of the Illinois State & Local Labor Relations Boards, 1987.
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2
A, Kane Jonathan, Walther Peter D. 1928-, and McDowell Douglas S, eds. NLRB remedies for unfair labor practices. Philadelphia, Pa., U.S.A: Industrial Research Unit, Wharton School, University of Pennsylvania, 1986.
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3
Federal Personnel Management Institute (Huntsville, Ala.), ed. The desktop guide to unfair labor practices. 3rd ed. Huntsville, Ala: FPMI Communications, 2002.
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Grogan, John. Dismissal, discrimination, and unfair labour practices. Lansdowne [South Africa]: Juta, 2005.
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United States. National Labor Relations Board, ed. The National Labor Relations Board and you: Unfair labor practices. [Washington, D.C.?]: National Labor Relations Board, 1990.
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Institute, Pennsylvania Bar. Unfair labor practices for the non-union workplace. Mechanicsburg, Pennsylvania: Pennsylvania Bar Institute, 2015.
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Niekerk, André Van. Unfair dismissal. 2nd ed. Claremont, South Africa: Siber Ink, 2004.
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United States. Federal Labor Relations Authority. Office of the General Counsel., ed. Unfair labor practice case handling manual. [Washington, DC]: The Office, 1999.
Find full textBook chapters on the topic "Unfair labor practices"
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Schneid, Thomas D., and Shelby L. Schneid. "National Labor Relations Act and Unfair Labor Practices." In Safety and Human Resource Law for the Safety Professional, 249–64. Boca Raton : Taylor & Francis, 2019. | Series: Occupational safety and health guide series: CRC Press, 2019. http://dx.doi.org/10.1201/9780429202339-13.
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Schneid, Thomas D., and Shelby L. Schneid. "National Labor Relations Act and Unfair Labor Practices." In Safety and Human Resource Law for the Safety Professional, 249–64. Boca Raton : Taylor & Francis, 2019. | Series: Occupational safety and health guide series: CRC Press, 2019. http://dx.doi.org/10.1201/9781315302713-13.
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Oberoi, Pia, and Kate Sheill. "Unfair and Unjust: Temporary Labour Migration Programmes in and from Asia and the Pacific as Barriers to Migrant Justice." In The Palgrave Handbook of South–South Migration and Inequality, 699–718. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-39814-8_32.
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AbstractTemporary labour migration programmes (TLMPs) are the most available option for regular migration available to low-wage migrant workers from Asia and the Pacific, and widely promoted by States and international actors as a development solution. This is in spite of longstanding evidence that such programmes carry considerable risks to the rights and well-being of the migrants on the programmes and for their families including in their access to justice. Many are consistently excluded by policy or practice from access to justice and remedies for human rights abuses whether in or outside the workplace. This chapter concurs that enhancing remedy for migrant workers is important, but we seek to go further in advocating for a comprehensive rights-based approach to labour migration that considers the migrant as fully human, with life and rights beyond the workplace. Building from an understanding of social justice as a societal organising principle that centres fairness in relations between individuals within society, this chapter takes an intersectional lens to argue that TLMPs are fundamentally unfair from both a human rights and social justice perspective and calls for systemic policy reform of labour migration pathways along these migration corridors.
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"Unfair Labor Practices." In A Primer on American Labor Law, 87–118. Cambridge University Press, 2019. http://dx.doi.org/10.1017/9781108571296.010.
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Martin, Philip L., Suzanne Vaupel, and Daniel L. Egan. "Unfair Labor Practices." In Unfulfilled Promise, 73–106. CRC Press, 2019. http://dx.doi.org/10.1201/9780429266867-6.
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"5. Employer and Union Unfair Labor Practices." In Promise Unfulfilled, 115–43. Ithaca, NY: Cornell University Press, 2019. http://dx.doi.org/10.7591/9781501728556-007.
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Cushman, Barry. "Doctrinal Synergies." In Rethinking The new deal court, 131–38. Oxford University PressNew York, NY, 1998. http://dx.doi.org/10.1093/oso/9780195115321.003.0009.
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Abstract Capping off the flurry of labor legislation enacted in the 1930s was the National Labor Relations Act, otherwise known as the Wagner Act. Section 7 of the Act secured to employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining orother mutual aid or protection.” other mutual aid or protectionZ’1 Section 8 described certain “unfair labor practices” in which employers were forbidden to engage.
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Igbinakhase, Idahosa, and Vannie Naidoo. "Sustainable Value Chains." In Green Marketing as a Positive Driver Toward Business Sustainability, 275–96. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-5225-9558-8.ch011.
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This chapter explores sustainable value chains with a focus on sustainable supply chain failures in developed and developing economies. Sustainable supply chains are effective environmentally friendly systems that contribute to the delivery of products and services from suppliers to customers/clients, and there are several challenges that contribute to sustainable supply chain failures such as complexity of supply chains, unfair trade practices, lack of transparency, unfair labor practices, product sustainability, and dependence on multiple suppliers. Supply chain failures have adverse effects such as to wastage of resources. Firms must adopt more sustainable approaches to the design and implementation of their supply chains in order to reduce cases of future supply chain failures.
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Nandamuri, Purna Prabhakar, Rekh Raj Jain, and Vijayudu Gnanamkonda. "Corporate Supply Chains and the Challenge of Labor Standards." In Handbook of Research on Supply Chain Management for Sustainable Development, 75–103. IGI Global, 2018. http://dx.doi.org/10.4018/978-1-5225-5757-9.ch005.
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The global manufacturing network facilitates the complex and opaque supply chains, comprising multiple levels of subcontracting which provide an easy scope for modern slavery through unfair labor practices. Global supply chains accommodate around 20% of total workforce. But, it is estimated, at any given moment that approximately three out of every thousand people on the planet are suffering in some form of forced labor, which is more prevalent in the Asia-Pacific region, which accounts for around 56% of the global total. Further, about 90% of the forced labor are exploited in the private economy. However, most of the successful corporates along with the governments understand the need to combat this global menace through strong legislation. The chapter attempts to analyze the major legal provisions of the prevailing labor standards framework in India, along with the pertinent case laws.
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García, David G. "A Common Cause Emerges for Mexican American and Black Organizers." In Strategies of Segregation. University of California Press, 2018. http://dx.doi.org/10.1525/california/9780520296862.003.0006.
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This chapter analyzes the increasing demographic presence of Mexican Americans and Blacks in the decades after World War II and the collective actions taken by these communities to challenge disparate material conditions and treatment in the growing city. It discusses the formation of two groups, the Oxnard–Ventura County Branch of the National Association for the Advancement of Colored People (NAACP) and the Ventura County Chapter of the Community Service Organization, and follows the convergence of their efforts in 1963, when they mobilized a common cause for school desegregation. In parallel and shared efforts, these neighbors contested unfair labor practices, inferior housing conditions, mistreatment by police, and unequal, racially segregated schools.
Conference papers on the topic "Unfair labor practices"
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Dedukić, Dinka. "Human Resources and Labor Market in Croatia." In 6th International Scientific Conference – EMAN 2022 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2022. http://dx.doi.org/10.31410/eman.2022.239.
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At a time of demographic changes and a growing labor shortage, finding employees, and above all competent employees, is the focus of companies. This paper will discuss human resources and the Croatian labor market. The research was conducted in 2018, and the final sample for analysis included 1041 respondents, the results obtained on the research questions are the result of the respondents’ judgment. From the analysis of the conducted research, it emerges that 11% of respondents believe that they are not ready for the Croatian labor market. Respondents cited unfair relations in the labor market (bribery, corruption, employment through connections) as the main reason for insufficient readiness for the Croatian labor market. They cite the lack of application of knowledge in practice as the main disadvantage of higher education, and considering the situation of mismatch between the education system and the labor market, 60% of respondents are aware that they are responsible for their competitiveness in the labor market.