Nothing's above the law - even the law itself, it seems. The Free Market Foundation has just launched a constitutional challenge against sections of the Labour Relations Act that allow for collective agreements made in bargaining councils to be extended to non-member employers and employees, says the TimesLive. But you may need to face a bargaining council sooner than you think...
You've heard lots about the CCMA, but did you know it's often easier to take labour issues to a bargaining council first?
have come under the spotlight recently, with the Business Day's BD Live
website reporting that the Labour Relations Act
shouldn't allow for bargaining councils
' collective agreements to extend beyond the parties affected.
And before you know it, a disgruntled employee could have you facing a bargaining council.
Because under the Labour Relations Act, bargaining councils
conclude agreements, resolve labour disputes, make proposals on labour policies, and more – so bargaining councils cover almost every aspect of labour law, according to the Department of Labour
That's why it's more likely a case will come before a bargaining council before it goes to the CCMA.
The CCMA website
explains that it generally doesn't deal with bargaining council
matters – instead, the CCMA
trains, accredits and subsidises bargaining councils
to empower bargaining councils
to perform their own dispute resolution functions.
So when will you face a bargaining council?
Here's when you'll face a bargaining council
For example, failure to comply with correct procedure when you conduct a disciplinary hearing – especially if the result is that you dismiss
the employee – could result in your employee taking you to the CCMA
or bargaining council
on grounds of unfair dismissal, says FSP Business
It adds that trade unions are also legally obliged to issue a dispute to the CCMA
or bargaining council
before your employees go on strike
But you can also approach a bargaining council yourself.
They're there to promote labour peace by providing a central negotiating forum for the negotiation and implementation of conditions of employment.
That's why you have to stick to your bargaining council
agreement in your remuneration policy if you're covered by one to prevent further disgruntled employees, says the Labour Bulletin
That's a lot of action.
There are more bargaining councils than ever before to cover every aspect of the Labour Relations Act!
That's why the South African Labour Guide
has just updated its list of bargaining councils
in February. There are 48 bargaining councils
in South Africa and three statutory councils, covering almost every industry.
Make sure you keep proof of how you've handled all labour issues so that you have a solid case, whether it goes to a bargaining council or straight to the CCMA.