ER Acts Flashcards

(39 cards)

1
Q

ER ACTS

A
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2
Q

The Labor Relations Act
55 of 1995
(LRA)

A

Advance economic development, social justice and labor peace and discrimination of workplace.

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3
Q

The Basic Conditions of Employment Act
75 of 1997
(BCEA)

A

Promote economic development and social justice through institution and enforcement of basic conditions of employment.
(working hours, leave)

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4
Q

The Employment Equity Act
55 of 1998
(EEA)

A

Eliminate discrimination and promote fair representation of historically disadvantaged groups in workplace.

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5
Q

The Skills Development Act
97 of 1998
(SDA)

A

Section 2:
- Develop skills of SA’s workforce,
- Increase levels of investment in
education and training
- Encourage employees -> use workplace
as active learning environment
- Encourage works participate in learning
programmes
- Improve employment aspects of
previously disadvantaged by unfair
discrimination
- Redress disadvantages through training
and education
- Establish institutional and financial
framework comprising: National Skills
Authority, National Skills fund, Skills
development levy- grant scheme
(skills development levies act 9 of
1999)
- Encourage partnerships - public and
private sectors of economy to provide
education and training for/in workplace
- Cooperating with SAQA

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6
Q

The Skills Development Levies Act
9 of 1999
(SDLA)

A

Encourage a planned and structured approach to learning, and to increase employment prospects for work seekers.

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7
Q

Compensation for Occupational Injuries and Disease Act
(COIDA)

A

Provides a system of no-fault compensation for employees injured or who contract diseases during the course of their employment.

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8
Q

The Occupational Health and Safety Act
85 of 1993
(OHSA)

A

Provide for:
- Health and safety of people at work
- Protection of other people from
hazards to health and safety
- Establishment of Advisory Council

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9
Q

The Unemployment Insurance Act
63 of 2001
(UIA)

A

Make provisions for insurance of employees who are contributors of Unemployment Insurance Fund against risks of loss of earnings arising out of unemployment, due to:
- Termination of employment - more
than 14 days
- Illness - more than 14 days
- Maternity
- Payments to female contributors who
adopt children
- Provision for payments to dependents
of deceased contributors

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10
Q

The Broad-Based Black Economic Empowerment Act
53 of 2003
(BBBEEA)

A
  • Establish legislative framework for
    promotion of black economic
    empowerment
  • Empower Minister to issue codes for
    good practice and publish
    transformation charters
  • Establish Black Economic
    Empowerment Advisory Council
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11
Q

The Protected Disclosure Act
26 of 2000
(PDA)

A
  • Provide procedures -> any employee
    may disclose information relating to
    offense/malpractice in workplace by
    employer/employees
  • Provide protection to employee made
    disclosure
  • No employee victimized/penalized by
    employer -> disclosure
  • Procedures in act -> route followed to
    disclose information -> protected
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12
Q

The National Economic Development and Labor Council
(NEDLAC)

A

Objectives, Powers, Functions:
- Promote goals of economic growth,
participation, economic decision-
making and social equity
- Reach consensus and conclude
agreements -> social and economic
policy
- Consider purpose labor legislation ->
labor market policy before introduced
to parliament
- Consider significant changes to social
and economic policy before
implemented/introduced to parliament
- Encourage/promote formulation of
coordinated policy -> social and
economic matter
- Consider socioeconomic disputes ->
section 77 of LRA

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13
Q

The Business Unity of South Africa
(BUSA)

A
  • Integrated body for business in SA
    created in 2003 -> represent all
    Employers’ Organizations throughout
    SA -> deal with collective strength of
    Trade Union Federations like COSATU
    and FEDUSA
  • Non-racial umbrella business
    organization
  • BUSA’s focus: Represent SA’s
    multifaced business community on
    macro-economic and other issues that
    affect it at national and international
    level
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14
Q

TRADE UNION FEDERATIONS

A
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15
Q

COSATU

A

Core Principles:
- International worker solidarity
- Non-racialism
- Worker control
- Paid-up membership
- “One industry, one union”
- Promote black business

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16
Q

FEDUSA

A

Core Principles:
- Equal opportunities for all men and
women
- Freedom of association and right to
organize
- Trade Union democracy
- Development of all people

17
Q

NACTU

A

Core Principles:
- Non-racialism
- Worker control at all levels and
structures of union
- Leadership by working class
- Aim-> empower masses economically

18
Q

JUSTICE AND POWER
TYPES OF JUSTICE

19
Q

Distributive Justice

A
  • “How do I pay you?”
  • Distribution of money -> equilal money,
    fair
  • Perceived fairness
  • Distribution of conditions and goods
    how effects you emotionally
    economically and psychologically
  • Based on 3 criteria:
    - Equality > same amount
    - Need > who needs more
    - Equity > based how much person
    contributes
20
Q

Procedural Justice

A
  • Fairness of processes and procedures
  • Based on 6 criteria:
    - Consistency > treat everyone
    same
    - Bias Suppression > prevent self-
    interest in decision-making
    - Accuracy > decisions on accurate
    information
    - Correctability > correction of
    decisions
    - Representativeness >
    representative of all stakeholders
    and parties
    - Ethically > reflection of current
    ethical/moral principles
21
Q

Interactional Justice

A
  • Manner procedures implemented and
    outcomes are communicated
  • Interpersonal treatment
  • Adequate causal accounts - adequate
    explanations for outcomes/decisions
    reached
  • Treat people with respect
  • Elements linked to Interactional Justice:
    - Neutrality > be honest
    - Trust > staff need to trust
    you
    - Standing > where you stand
    in group
22
Q

POWER

A

Medium which divergent aims and interests mediated

23
Q

Interpersonal Power

A

Ones ability to influence another person’s behavior or thinking

24
Q

Social Unit Power

A

Powe to influence power, processes make decisions

25
BASES OF POWER
26
Legitimate Power
Right to have power over you Appointed power eg. Manager
27
Reward Power
Person power to withhold/give rewards (not legitimate power) eg. Manager give promotion
28
Coercive Power
Ability to punish/withhold certain things eg. Manager demotes employee because of misconduct
29
Knowledge Power
Possesses knowledge eg. Doctor knowledge power about medicine
30
Referent Power
Arise out of force of individual's personality eg. Hitler's power to persuade millions of people in WWII with his speeches
31
DISMISSALS
32
Dismissal will be considered as UNFAIR if employer fails to prove?
- Reason for dismissal is fair - Related to employee's conduct/capacity - Based on employer's operational requirements - Dismissal affected in accordance with fair procedure
33
4 Instances where dismissal is FAIR?
1. Incapacity due to ill health 2. Dismissal of misconduct (stealing, ect) 3. Retrenchment 4. Work performance
34
8 Situations where dismissals are automatically UNFAIR?
1. Person is pregnant 2. Arbitrary reasons (age ,race, etc.) 3. Buy business and fire existing employees 4. Fire someone from information given 5. Person participates in protected strike 6. Give person doing strike's work to other employee 7. Employee forced accept demand (should have been negotiated before) 8. Action against employer and put in grievance
35
SANCTIONS
36
Types of Disciplinary Sanctions (9)
1. Warning 2. Verbal warning 3. Written warning 4. Final written warning 5. Sanctions 6. Transfers 7. Suspension 8. Demotion 9. Dismissal
37
LIMITS OF COMPENSATION INTERNAL AND EXTERNAL FACTORS AFFECTING ER IN WORKPLACE
38
External Factors PESTLE
Political - gov policy impact work Economic - sales/service popular? Social - image of company? demographic changes? Technological - change in technology Legal - changes in law Environment - unrest in immediate environment
39
Internal Factors PRIMOF
People - relationship between people Resources - access to necessary resources Innovation - room for creative, risk- taking employees? Marketing - employees involved promoting organization? Operations - relevant policies/procedures up to date? Financial - financially secure?