N5 Entrepreneurship
A workplace forum is entitled to be consulted by the employer on the following issues: • restructuring of the workplace • changes in the organisation of work • partial or total plant closures • mergers and transfers of ownership • dismissal of employees for operational reasons • exemptions from any collective agreement or law • job grading • criteria for merit increases and bonuses • education and training • product development plans • export promotion.
2.3 Industrial action
The Act of 1997 grants employees the right to strike and employers the right to lock out employees. The reason for a strike or lockout must be to solve a grievance or a dispute about a matter of mutual interest that concerns employers and employees. The following are issues over which a strike and lockout may be held: • wage increases • a demand to establish a joint bargaining council • a demand to recognise a union as a collective bargaining agent • a demand for organisational rights • a demand to negotiate unilateral changes to working conditions • an unprotected strike or lockout by the other party.
A strike takes place when two or more employees act with a common work-related purpose. Action can include partial or complete refusal to work or obstruction of work through go-slows, intermittent strikes, etc.
A lockout occurs when an employer physically excludes employees from the workplace. The action is intended to force the employees to accept a demand of the employer.
2.4 Resolution of disputes
The Labour Act (1997) tries to ensure that labour disputes are resolved as quickly as possible. The following procedure should be followed to resolve disputes:
Step 1: Conciliation Conciliation takes place when a neutral party (conciliator) assists the parties in dispute to reach an agreement. The conciliator does not decide who is right or wrong.
Step 2: Arbitration or adjudication by the Labour Court or industrial action If conciliation fails, the parties can proceed to step 2, which has three alternative routes to resolve the dispute:
• Arbitration The dispute is referred to a neutral third party, the arbitrator. He will hear both sides of the dispute and then makes a decision about who is right. The decision is binding on the parties and there is no appeal against it.
• Adjudication (Labour Court disputes) Some disputes go to the Labour Court, instead of arbitration. A party can appeal against a Labour Court decision.
• Industrial action Parties can use industrial action (strikes or lockouts) if the Act does not make provision that the dispute may go to arbitration or adjudication.
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