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

Schedules

Schedule 4 : Dispute Resolution

2. Organisational Rights

 

 

(Chapter III, Section 21) A green box indicates a note is attached, click to view.

 

 

Item

Note

Notification

A registered trade union may notify an employer that it intends to exercise organisational rights. The content of the notice is described in section 21(2). For example, if a registered trade union is sufficiently representative, it may notify the employer that it seeks to exercise the right of access.

Meeting

The object of the meeting is to conclude a collective agreement on the exercise of the organisational right. If there is no agreement, the trade union can elect to exercise a right to strike, or it can refer the dispute to the commission. If the trade union elects not to strike, it cannot refer a dispute over the organisational rights to the commission for a period of 12 months.

Determination

The Act contemplates disputes and therefore determinations about the definition of a workplace, the representativeness of the union and the manner in which organisational rights are exerted.