Workplace fora South African labour law
1 workplace fora
1.1 consultation
1.2 joint decision making
1.3 matters consultation
1.4 matters joint decision making
workplace fora
to encourage workers’ participation in workplace, concept of workplace forum has been introduced lra. workplace forum in-house institution promoting workers’ participation in decision making @ workplace. workplace fora intended deal non-wage-related issues such restructuring, introduction of new technology, new work methods, , like.
it important not confuse trade union , workplace forum, latter not bargaining structure:
a union juristic body; forum not.
a union deals wage-related issues; forum deals non-wage-related issues.
a union can embark on industrial action; forum cannot.
all employees, including non-union members, may members of forum. senior managerial employees, however, may not members of forum. registered trade unions or trade unions acting jointly, representing majority of employees employed in workplace, may apply establishment of forum.
a forum may established in workplace of employers more 100 employees, either through collective agreement or through intervention of ccma. larger employers, therefore, involved in fora.
a forum must meet regularly. functions consult on matters , have joint decision making on other matters.
consultation
consultation entails employer
allows forum make representations , advance alternative proposals; and
considers , responds these. if employer disagrees them, must state reasons disagreeing.
consultation must take place before employer implements proposal.
joint decision making
joint decision making requires employer consult , reach consensus forum.
matters consultation
matters consultation include (unless regulated collective agreement) proposals relating to
restructuring workplace (for example, introduction of new technology , new work methods);
changes in organisation of work;
total or partial plant closure;
mergers , transfers of ownership in far affect employees;
the retrenchment of employees;
exemption collective agreement or law;
job grading;
criteria merit increases or payment of discretionary bonuses;
education , training;
product development plans; and
export promotion.
a bargaining council or representative union , employer may conclude collective agreement granting forum right consulted additional matters fall within council’s registered scope.
matters joint decision making
matters joint decision making cannot regulated collective agreement. matters joint decision making relate to
disciplinary codes , procedures;
the proper regulation of workplace (except work-related performance);
measures designed protect , advance persons disadvantaged unfair discrimination; and
changes employer-representatives on boards of employer-controlled schemes regard social benefits.
a representative union , employer may enter collective agreement conferring on forum joint decision making in respect of additional matters or removing other matters.
in fulfilling duties consult , have joint decision making, employer required disclose relevant information allow forum participate in consultation , joint decision making. employer not obliged disclose information, however,
that legally privileged;
that employer may not disclose without contravening law or court order,
that confidential and, if disclosed, may cause substantial harm employee or employer; and
private personal information relating employee (unless employee has consented disclosure).
disputes disclosure of information must referred commission conciliation, mediation , arbitration. if parties fail resolve dispute through conciliation, party dispute may request arbitration.
the commissioner not compel employer disclose irrelevant information.
despite potentially important influence forum may have on workplace, few such forums found in practice. due employers viewing fora inroad managerial prerogative, , concern of unions fora undermine collective bargaining structures.
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