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Labour Relations Act, 1995 (Act No. 66 of 1995)

Schedules

Schedule 2 : Guidelines for Constitution of Workplace Forum

4. Elections

 

 

(section 82(1)(c), (d), (g), (h), (i) and (j))

 

1) The constitution must include provisions concerning the appointment of an election officer.

 

Example :

a) Every election or by-election in relation to a workplace forum must be conducted by an election officer appointed by agreement between the representative trade union and the employer.
b) If the trade union and the employer cannot agree, the trade union may apply to the Commission to appoint an election officer.
c) The Commission must appoint an election officer to conduct a by-election only if it is satisfied that the workplace forum cannot function adequately without a by-election.

 

2) The constitution must set out what the election officer should do and the procedure for an election.

 

Example:

a) Thirty days before each election of members of the workplace forum the election officer must—
i) prepare a list of all employees in the workplace; and
ii) call for nominations for members of the workplace forum.
b) Any employee may be nominated as a candidate for election as a member of the workplace forum by—
i) any registered trade union with members employed in the work-place;
ii) a petition signed by not less than 20 per cent of the employees in the workplace or 100 employees, whichever number of employees is the smaller.
c) Any employee who is a member or has previously served as a member of a workplace forum is eligible for reselection.
d) Fourteen days before each election of members of the workplace forum, the election officer must—
i) confirm that the nominated candidates qualify for election;
ii) publish a list of all qualified candidates who have been properly nominated; and
iii) prepare a ballot for the election, listing the nominated candidates in alphabetical order by surname.
e) Voting must be by secret ballot.
f) Every employee is entitled to vote in he election of the workplace forum during working hours at the employer's premises.
g) Every employee in the workplace is entitled to cast a number of votes equal to the number of members to be elected to the workplace forum.
h) Every employee may cast one or more of those votes in favour of any candidate.