Nnnsection 189 of the labour relations act pdf practice test

The amendment act came into effect on 1 january 2015 and introduces significant changes to the labour relations act 66 of 1995 lra. In the interpretation of section 198a3bi the particular section cannot be interpreted in isolation. In national union of mineworkers v anglo american platinum ltd and others 20 12 bllr 1253 lc the applicant, num, brought an urgent application seeking the reinstatement of its members who were dismissed by the respondent, amplats, for operational requirements pending amplats compliance with ss 189 and 189a of the labour relations act. Industrial relations and labour laws test questions. National labor relations act international labour organization. The act provides for the regulation of unfair treatment in the workplace via a provision on unfair labour practices. In reaction to the loss of jobs as a result of the great depression of 1929. Labour relations act 66 of 1995, collective bargaining, strike action, violence, intimidation, equity aviation case, moloto case 1 introduction. Frequently asked questions labour law, south africa. In national union of mineworkers v anglo american platinum ltd and others 20 12 bllr 1253 lc the applicant, num, brought an urgent application seeking the reinstatement of its members who were dismissed by the respondent, amplats, for operational requirements pending amplats compliance with ss 189 and 189a of the labour relations act 66 of. Dismissal based on an employers operational requirements as per. For the purpose of this article i am not going to discuss section 189 a.

This section which sets out the guidelines for retrenchment procedures currently limits the parties who must be consulted to. We specialise in public training, inhouse training, and weekly webinars covering all labour law requirements such as disciplinary hearings, employment equity, collective labour relations, the labour relations and basic conditions of employment acts. Example of a section 189 letter together with a checklist. Congress enacted the national labor relations act nlra in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the u. Before effecting such dismissals, however, the lra places. The question to be answered was whether the commission for conciliation mediation and arbitration ccma. Changes that have been made appear in the content and are referenced with annotations. Section 189 of the labour relations act 66 of 1995 lra, as amended, permits an employer to dismiss employees for operational requirements or reasons. Section 198 introduces important new rights for labour broker, contract and parttime workers. Each case is unique, and departures from the norms established by this code may be justified in proper. Unions act except if the person concerned has accepted, in writing, to make voluntary contributions to the trade union. Ltd that section 1897 means the employer is obliged to use the selection criteria on. The labour relations act requires that consultation must take place when the employer contemplates retrenchment. Consultation is a joint consensus seeking exercise and mutual cooperation is required from.

This law regulatesrelations between employers and workers. Summary of the labour relations amendment act 6 of 2014 elrc. These regulations may be cited as the employment and. Labour relations act no 66 of 1995 lra employment equity act no 55 of 1998 eea employee social welfare and benefits unemployment insurance contributions act no 63 of 2001 compensation for occupational injuries and diseases act no of 1993 coida skills development act no 97 of 1998 skills development levies act no 9 of 1999. The date on which the amendments will come into operation is still to be determined but it is expected to be before the end of the year. Hr executives, generalists, managers wanting to make a career in hrd, ir or labour laws will find this test very useful. Consultation is a joint consensus seeking exercise and mutual cooperation is. Remedies for unfair dismissal and unfair labour practice. Amended labour relations act pdf, document, labour law. The ccma code of good practice on operational requirements accepts the. Section 188 of the labour relations act, no 66 of 1995 permits an employer to dismiss an employee for reasons related to the employees misconduct. The summary is a popular version of the new rights and is aimed at everyone involved in defending or organising such workers. Employment equity act 55 of 1998 1 august 2014 to date this is the current version and applies as from 1 august 2014, i.

Retrenchment in south africa horizon research publishing. It is hereby notified that the president has assented to the following act which is hereby published for general information. Section 189 retrenchment process and the employees. The defence is yet to be tested, however, although i cautiously suggest that the.

The dates on which the basic conditions of employment amendment act and the labour relations amendment act will come into operation will be announced. Cosatu was of the opinion that the 12 month cap period should be removed. Section 189 1 of the lra provides that, before retrenching, employers must consult any person whom the employer is required to consult in terms of the collective agreement. Labour smart provides a one stop service for south african labour and employment law practitioners. On 18 august 2014, the president of the republic of south africa assented to the labour relations amendment act 6 of 2014 amendment act. The test for substantive fairness in retrenchments 11 definition of operational dismissals section 189 of the labour relations act 14 section 189a of the labour relations act 16 chapter 3. Trade union and labour relations consolidation act 1992. Throughout this specific section, the act obliges the employer to consult both the affected employees andor union on the. It established the national labor relations board to oversee elections in which workers could choose whether they wanted union representation and, if so, which specific bargaining unit they preferred. Labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002 intelligence services act 65 of 2002 electronic communications security pty ltd act 68 of 2002 general intelligence laws amendment act 52 of 2003 prevention and combating of corrupt activities act 12 of 2004 act to change the law governing labour relations. Section 189 a applies to all employers with more than 50 employees if. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Employment equity amendment act act 47 of 20 eea were signed into law by the president. Topics youll need to know to pass the quiz include understanding the national labor relations act nlra and knowing whether labor practices are fair or unfair.

Chapter eight unfair dismissal and unfair labour practice ss. Prior to 2002 all retrenchments were covered by section 189 regardless of. Sabinet the interpretation and application of section. Labour relations act dismissal for operational reasons.

If employees are selected in terms of unfair criteria their dismissals with be considered unfair. Operational requirements dismissals are governed by section 189 of the labour relations act 66 of 1995 lra. Labour relations amendment bill ms seftel dealt with the outstanding issues of the labour relations act and in particular, the departments response to submissions made at the public hearing. In bracks no and another v rand water and another 2010 31 ilj 897 lac the labour appeal court lac had an opportunity to provide guidance and clarity for the proper interpretation of section 19112 of the labour relations act 66 of 1995 lra. Data masters recently lost a significant customer and has taken 2 costsaving measures. Section 197 of the labour relations act, no 66 of 1995 lra was enacted to change the common law position, with the effect that an automatic transfer of contracts of employment from the transferring employer previous employer to the acquiring employer new employer now takes place in the event that the. Section 189 what is section 189 of the labour relations. The purpose of this guide is to provide parties representing themselves with information on the process for presenting a complaint under section 190 of the federal public sector labour relations act the fpslra and for hearings before the federal public sector labour relations and employment board the fpslreb. Provided that the employer follows that procedure even if it may seem a bit onerous or time consuming to do so the employer would not be found lacking on procedural fairness. Title amended labour relations act pdf description the labour relations act by the department of labour no. Extracts from the labour relations act unfair dismissals. Section 189 of the labour relations act 66 of 1995 lra, as amended.

Get quick answers to your labour related questions by utilising our faq section. Questions, answers and solutions to pass the professional in human resources test. These are defined as requirements based on economic, technological, structural or similar needs of the employer. In plain language the company must advance some plausible reason for the proposed dismissals which may be anything from a need to curtail costs to a need to reorganize.

Share on twitter share on linkedin share via whatsapp print pdf. In 1995, a new labour relations act lrawas passed by parliament. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Labour courtmeans the labour court established by section 151 of the labour relations act, 1995. Labour relations act, basic conditions of employment act. Alternatives to retrenchment are employers obliged to. To punish large corporations for their support of the. Dismissal based on operational requirements, s189 lra. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. If the labour court or an arbitrator appointed in terms of this act finds that a dismissal is unfair, the court or the arbitrator may order the employer to reinstate the employee from any date not earlier than the date of dismissal. Although crafted in procedural terms the object of section 189 is substantive. Test to determine substantive fairness in a dismissal for operational requirements.

Summary and explanation of the labour law amendments. Employment retrenchment guideline cliffe dekker hofmeyr. The labour relations amendment act 6 of 2014 act was assented to by the president and published in the government gazette no. The employment equity amendment act came into operations 1 of august 2014. Labour relations act as amended by labour relations amendment act, no 42 of 1996 proclamation, no 66 of 1996 labour relations amendment act, no 127 of 1998 labour relations amendment act, no 12 of 2002 act to change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. Disputes about unfair labour practice ul p benefits. The law in tanzania allows an employer to retrench on the following grounds. May 24, 2017 the section 189 retrenchment process in terms of the labour relations act section 189 of the labour relations act lra permits employers to dismiss employees for operational requirements. The employer may effectively not take a decision to dismiss during the first 30. Sample questions for employment law exams case 1 data masters is a large privately held company that conducts business in multiple locations in the greater toronto area. Trade union and labour relations consolidation act 1992, section 189 is up to date with all changes known to be in force on or before 07 may 2020. The arbitration award 4 on 10 july 2009, the applicant. The impacts of these two amendments will be discussed in detail when dealing with the labour relations amendment act. This morning, it was reported in the media that productivitysa has called for section 189 of the labour relations act lra to be amended.

Jul 27, 2016 the labour relations act, 1995 lra is the primary statute regulating labour relations for most ontario private and public sector workplaces. Republic of south africa labour protect labour law. Labour relations act, no 66 of 1995 lra, an employer must consult with. Industrial relations and labour laws online test topics this online test covers topics like nature, aspects and scope of industrial relations, trade unions, grievances, collective bargaining, industrial disputes and settling them, factories act, 1948, payment of wages act, 1936, payment of gratuity act, 1972 etc.

Section 2 of the labour relations act defines operational requirements as requirements based on the economic, technological, structural, or similar needs of an employer. The national labor relations act was originally passed by congress. Dismissal related to operational requirements section 189. Retrenchment in terms of section 189a labour guide. It is difficult to define all the circumstances that might legitimately form the basis of a dismissal for this reason. This act defines a dismissal based on the operational requirements of an employer as one that is based on the economic, technological, structural or similar needs of the employer. Trade union and labour relations consolidation act 1992, section 189 is up to date with all changes known to be in force on or before 02 may 2020. If the board determines that 40 percent or more of the individuals in the bargaining unit proposed in the application for certification appear to be members of the union, the board will direct that a representation vote be taken among the individuals in a voting constituency determined by the board. In a succinct award, the arbitrator reached the following conclusions. Act to change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. In such instances the employer will have to follow the steps outlined in section 189a of the labour relations act. The phrase operational requirements is a broad term referring to economic, technical, structural or similar needs of an employer. It governs issues such as the right to join trade unions and employer organisations, and the right to strike and lock out.

National labor relations act, 1935 the national labor relations act guaranteed the right of workers to collective bargaining. It is aimed at the retention of jobs and if the jobs cannot be retained. Oct 02, 2017 this morning, it was reported in the media that productivitysa has called for section 189 of the labour relations act lra to be amended. The applicant denies that section 16 of the labour relations act no. Labour law whereas section 189a of the lra, regulate the dismissal for. Section 189 of the labour relations act hereinafter called the act relates to the dismissal of employees based on operational reasons and prescribes a very clear procedure to be followed in the event of such retrenchments. When does s189a of the lra apply to a retrenchment process. In terms of the act the following treatments amount to unfair labour practice, i. Section 189 and section 189 a of the lra, should however be read together. Tom and 20% of his coworkers are petitioning the start of an election and have sent their signatures to the national labor relations board nlrb. Procedurally, retrenchments are not a problem the procedure is clearly laid down stepbystep in section 189 and 189a of the labour relations act. While the summary attempts to simplify the language and. Ruling on the interpretation of section 198 and section 198a of the labour relations act, 66 of 1995. Section 189 what is section 189 of the labour relations act.

Employers have tried to broaden the ambit of this form. There are changes that may be brought into force at a future date. Jan 25, 2016 dismissal related to operational requirements section 189 of the labour relation act view larger image in the past years we have seen employees embarking on nationwide strikes, which meant that there was no operation taking place in most companies due to the nationwide strikes during that period. When the national labor relations act nlra 1 was enacted, both labor and management believed that it would pave the way for unionization and the spread of collective bargaining. Procedural difference the item dealing with retrenchment has been removed and there is a dedicated code of good practice on dismissal based on operational requirements. Test to determine substantive fairness in a dismissal for. Introduction 1 this code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and capacity. In 1994 the democratic government hastily instructed a drafting committee comprised of attorneys who were integral to the liberation movement, representatives of prominent employers, and international experts. The labour relations amendment act, 6 of 2014 came into effect on 1 january 2015. Section 189a facilitation facilitator regulations 19. To assist unions in their ability to organize workers.

To help create jobs following the return of soldiers after world war ii. The labour relations act lra places additional obligations on employers involved in large scale retrenchments. If the answer you are looking for is not listed, you can try our search facility, or ask an expert. Operational requirements are defined under the labour relations act lra as. Alternatives to retrenchment are employers obliged to save jobs. To change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. Your guide to labour law in south africa labour guide. The right to strike under the labour relations act 66 of. All faqs are grouped into four major categories, namely basic conditions of employment, disciplinary hearings, employment equity and labour relations act. Retrenchments your guide to labour law in south africa.