Labour Relations Act, 1995

Question 1

Main purpose:

Answer 1

To facilitate collective bargaining and assist in the resolution of labour disputes.
Where there is a collective agreement, takes precedence over the employment contract.

Question 2

Define collective agreement:

Answer 2

a written agreement concluded between one or more employers or registered employers organisation on the one hand, and one or more registered trade unions on the other with respect to the terms of employment or any other matter of mutual interest.

Question 3

Define recognition agreement:

Answer 3

an agreement between an employer and a trade union which involves the employer formally recognizing the trade union as the legitimate representative of the workers employed by him.

Question 4

Provision of the this Act:

Answer 4

The employee has the right not to be unfairly dismissed or subjected to an unfair labour practice.

Question 5

Unfair dismissal case law:
misconduct

Answer 5

Ravhuru v Zungu:
- employee was dismissed after being found guilty on various charges of misconduct.
- Applied to Labour court - wanted his dismissal to be declared unlawful
- labour court: LRA empowers it to deal with unfair dismissals, not unlawful dismissals
- unlawful refers to not carrying out in accordance with contract or common law.

Question 6

SA transport v Fidelity

Answer 6

Employment contract: contract of three employees would end if the client of the employer terminated the contract with the employer.

Court: parties cannot contract out of the protection against unfair dismissal by using automatic termination clause

Automatic termination clauses are prohibited.