......... THE LABOUR RELATIONS ACT CONTINUED.........

Penalties for non-compliance with the LRA 

•        The employer may be forced to enter into a dispute resolution process.

•        Businesses will be fined if they fail to comply with the agreements reached during the dispute resolution process.

•        Businesses that fail to comply with this Act may risk financial costs e.g. legal/CCMA fees and fines.

Ways in which businesses can comply with the LRA  

•        Businesses must allow employees to form trade unions/participate in union activities/legal strikes.

•        Allow/Support the establishment of workplace forums.

•        Employees should not be unfairly/illegally dismissed

•        Employers should not breach/ignore any collective agreement 

•        Disclose all relevant information required by trade union representatives to do their jobs effectively.

The rights of employers and employees according to LRA Rights of employers

•        Employers have the right to lockout employees who engage in unprotected/illegal strike/labour action.

•        Form employer organisations.

•        Form a bargaining council for collective bargaining purposes.

•        Dismiss employees who are engaged in an unprotected strike/misconduct such as intimidation/violence during a strike action.

•        Right not to pay an employee who has taken part in a protected strike for services/work they did not do during the strike.

Rights of employees

•        Employees may join a trade union of their choice.

•        Request trade union representatives to assist/represent employees in the grievance/disciplinary hearing.

•        Trade union representatives may take reasonable time off work with pay, to attend to trade union duties.

•        Embark on legal strikes as a remedy for grievances.

•        Refer unresolved workplace disputes to the CCMA.

•        Refer unresolved CCMA disputes to the Labour Court on appeal.