Employment Relations Matters
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DA 1/2015 in the Matter Between: HOSPERSA OBO TS TSHAMBI
IN THE LABOUR APPEAL COURT OF SOUTH AFRICA, DURBAN Reportable Case no: DA 1/2015 In the matter between: HOSPERSA OBO TS TSHAMBI Appellant and DEPARTMENT OF HEALTH, KWAZULU –NATAL Respondent Heard: 25 February 2016 Delivered: 24 March 2016 Summary: Section 24 of the LRA provides for arbitration of disputes about the ‘interpretation or application’ of collective agreements– interpretation of – section provides for a dispute resolution device ancillary to collective bargaining, not to be used to remedy an unfair labour practice under pretext that a term of a collective agreement has been breached. The phrase ‘interpretation or application’ is not to be read disjunctively – the ‘enforcement’ of the terms of a collective agreement is a process which follows on a positive finding about ‘application’ not a facet of ‘application’. A dispute about an employer’s failure to pay an employee during period of suspension pending a disciplinary enquiry is, properly characterised, an unfair labour practice about unfair suspension as contemplated in section 186(2) (b) of the LRA. 2 An arbitrator must characterise a dispute objectively, not slavishly defer to the parties’ subjective characterisation- failure to do so is an irregularity. The determination of what constitutes a reasonable time within which to refer a dispute when no fixed period is prescribed for that category of dispute, such as a section 24 dispute, is a fact-specific enquiry having regard to the dynamics of labour relations considerations – where for example the dispute may be understood as a money claim, the prescription laws are irrelevant. Labour court reviewing and setting aside award in which arbitrator deferred to an incorrect characterisation of a dispute and ordering the matter to be heard afresh upheld and appeal against order dismissed. -
This Book Compares Resistance to Technology Across Time, Nations and Tech- Nologies
This book compares resistance to technology across time, nations and tech- nologies. Three post-war technologies - nuclear power, information technology and biotechnology - are used in the analysis. The focus is on post-1945 Europe, with comparisons made with the USA, Japan and Australia. Instead of assuming that resistance contributes to the failure of a technology, the main thesis of this book is that resistance is a constructive force in technological development, giving technology its particular shape in a particular context. Whilst many people still believe in science and technology, many have become more sceptical of the allied 'progress'. By exploring the idea that modernity creates effects that undermine its own foundations, forms and effects of resistance are explored in various contexts. The book presents a unique interdisciplinary study, including contributions from historians, sociologists, psychologists and political scientists. Resistance to new technology Resistance to new technology nuclear power information technology and biotechnology edited by MARTIN BAUER The National Museum WigRTof Science & Industry Science Museum 31 CAMBRIDGE UNIVERSITY PRESS PUBLISHED BY THE PRESS SYNDICATE OF THE UNIVERSITY OF CAMBRIDGE The Pitt Building. Trumpington Street, Cambridge CB2 1RP, United Kingdom CAMBRIDGE UNIVERSITY PRESS The Edinburgh Building, Cambridge CB2 2RU, United Kingdom 40 West 20th Street, New York, NY 10011-4211, USA 10 Stamford Road, Oakleigh, Melbourne 3166, Australia © Cambridge University Press 1995 This book is in copyright. -
Total of 10 Pages Only May Be Xeroxed
CENTRE FOR NEWFOUNDLAND STUDIES TOTAL OF 10 PAGES ONLY MAY BE XEROXED (WithOUI Author's Pe.f11'\ illi0fl) The Evolution of Fish Trades Associations and Their Changing Role in the Collective Bargaining Process in Newfoundland and Labrador By Paul G. Grant Submitted to the School of Graduate Studies in partial fulfilment of the requirements for the degree of Master of Marine Studies Memorial University ofNewfoundland St. John's, Newfoundland June 30, 2003 Library and Bibliotheque et 1+1 Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de !'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A ON4 Ottawa ON K1A ON4 Canada Canada Your file Votre reference ISBN: 0-494-09923-2 Our file Notre reference ISBN: 0-494-09923-2 NOTICE: AVIS: The author has granted a non L'auteur a accorde une licence non exclusive exclusive license allowing Library permettant a Ia Bibliotheque et Archives and Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I' Internet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans loan, distribute and sell theses le monde, a des fins commerciales ou autres, worldwide, for commercial or non sur support microforme, papier, electronique commercial purposes, in microform, et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve Ia propriete du droit d'auteur ownership and moral rights in et des droits meraux qui protege cette these. this thesis. Neither the thesis Ni Ia these ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent etre imprimes ou autrement may be printed or otherwise reproduits sans son autorisation. -
Trade Union Collective Identity, Mobilisation and Leadership – a Study of the Printworkers’ Disputes of 1980 and 1983
Trade Union collective identity, mobilisation and leadership – a study of the printworkers’ disputes of 1980 and 1983 Nigel Costley 1 2 University of the West of England Collective identity and strategic choice – a study of the printworkers’ disputes of 1980 and 1983 Nigel Costley A thesis submitted in partial fulfilment of the requirements of the University of the West of England, Bristol for the degree of Doctor of Philosophy Bristol Business School, University of the West of England 2021 3 Declaration I declare that this research thesis is my own, unaided work. It is being submitted in partial fulfilment of the requirements of the University of the West of England, Bristol for the degree of Doctor of Philosophy. Nigel Costley Date 4 Copyright This copy has been supplied on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. Acknowledgements Thanks to Professor Stephanie Tailby, Professor Sian Moore and Dr Mike Richardson for their continuous encouragement, support and constructive criticisms. 5 Abstract The National Graphical Association (NGA) typified the British model of craft unionism with substantial positional power and organisational strength. This study finds that it relied upon, and was reinforced by, the common occupational bonds that members identified with. It concludes that the value of collective identity warrants greater attention in the debate over union renewal alongside theories around mobilisation and organising (Kelly 2018), alliance-building and social movements (Holgate 2014). Sectionalism builds solidarity through the exclusion of others. Occupational identity is vulnerable to technological change. This model neglects institutional and ‘associational’ power, eschewing legal protections in favour of collective bargaining and ignoring alliance-building in favour of sovereign authority. -
Interest Based Bargaining: Innovating from the Basics
International Journal of Business and Social Science Vol. 3 No. 9; May 2012 Interest Based Bargaining: Innovating from the Basics Boniface Michael Assistant Professor California State University, Sacramento (CSUS) 6000 J Street Sacramento, CA, 95819, USA. Rashmi Michael Research Associate Human Resources and Organizational Behavior Place (HROB Place) 730 Agostini Circle Folsom, CA, 95630, USA. Abstract This paper examines the usefulness of IBB, a relatively recent innovation to collective bargaining, around its ability to result in mutual gains in three areas: the strengthening of the role of unions, economic or bread and butter issues relating to employment terms and conditions and joint employees and employers problem solving on strategic workplace issues. While the research reviewed mostly confirms that IBB results in innovative joint problem solving by employees and employers that support strategic issues; on strengthening of the institution of unions and on economic or bread and butter issues, the usefulness of IBB is contested. On bread and butter economic issues pertaining to terms of employment the view is that IBB results more in concessions for unions. Also, constituents view the quest of common interests by their negotiators suspiciously and so IBB’s intraorganizational bargaining capability is considered limited. Finally, on the issue of strengthening of the role of unions, research is inconclusive. Key words: role of unions, economic issues, strategic issues 1. Introduction Since the early the 1920s, Collective Bargaining (CB) has experienced a number of changes. These changes have often been due to a mix of internal workplace and external environmental forces. The setting up of War Labor Boards and arbitration under the Protocol of Peace (Cutcher-Gershenfeld, Kochan and Wells, 2001; Jacoby, 1983; Mitchell, 1983) are two examples of such changes to CB. -
Enterprise Bargaining Agreements and the Requirement to ‘Consult’
About the Institute of Public Affairs The Institute of PuBlic Affairs is an independent, non-profit puBlic policy think tank, dedicated to preserving and strengthening the foundations of economic and political freedom. Since 1943, the IPA has been at the forefront of the political and policy debate, defining the contemporary political landscape. The IPA is funded By individual memBerships and subscriptions, as well as philanthropic and corporate donors. The IPA supports the free market of ideas, the free flow of capital, a limited and efficient government, evidence-Based puBlic policy, the rule of law, and representative democracy. Throughout human history, these ideas have proven themselves to be the most dynamic, liBerating and exciting. Our researchers apply these ideas to the puBlic policy questions which matter today. About the authors Gideon Rozner is an Adjunct Fellow at the Institute of PuBlic Affairs. He was admitted to the Supreme Court of Victoria in 2011 and spent several years practicing as a lawyer at one of Australia’s largest commercial law firms, as well as acting as general counsel to an ASX-200 company. Gideon has also worked as a policy adviser to ministers in the AbBott and TurnBull Governments. Gideon holds a Bachelor of Laws (Honours) and a Bachelor of Arts from the University of MelBourne. Aaron Lane is a Legal Fellow at the Institute of PuBlic Affairs. He specialises in employment, industrial relations, regulation and workplace law. He is a lawyer, admitted to the Supreme Court of Victoria in 2012. He has appeared before the Fair Work Commission, the Productivity Commission, and the Senate Economics Committee, among other courts and triBunals. -
Practice and Procedure Manual
PRACTICE AND PROCEDURE MANUAL 5th Edition November 2010 101 Table of Contents Chapter 1 Introduction 101 Chapter 2 Functions, Jurisdiction and Powers Generally 201 Chapter 3 Notice and service 301 Chapter 4 Representation 401 Chapter 5 Referrals and initial administration 501 Chapter 6 Pre-conciliation 601 Chapter 7 Con-Arb 701 Chapter 8 Conciliation 801 Chapter 9 Certificates 901 Chapter 10 Settlement agreements 1001 Chapter 11 Request for arbitration, pre-arbitration procedures and subpoenas 1101 Chapter 12 Arbitrations 1201 Chapter 13 Admissibility and evaluation of evidence 1301 Chapter 14 Awards 1401 Chapter 15 Applications 1501 Chapter 16 Condonation applications 1601 Chapter 17 Rescissions and variations 1701 Chapter 18 Costs and taxation 1801 Chapter 19 Enforcement of settlement agreements and arbitration awards 1901 Chapter 20 Pre-dismissal arbitration 2001 Chapter 21 Review of arbitration awards 2101 Chapter 22 Contempt of the Commission 2201 Chapter 23 Facilitation of retrenchments in terms of section 189A of the LRA 2301 Chapter 24 Intervention in disputes in terms of section 150 of the LRA 2401 102 Chapter 25 Record of proceedings 2501 Chapter 26 Demarcations 2601 Chapter 27 Picketing 2701 Chapter 28 Diplomatic consulates and missions and international organisations 2801 Chapter 29 Index 2901 101 Chapter 1: Introduction 1.1 This manual records the practices and procedures of the CCMA. It is a work in progress and the intention is to continuously improve and update it, particularly as and when practices and procedures change. The manual is written in a question and answer format. It was not intended to cover every possible question. The questions covered are those which most commonly arise in the every day work environment. -
Industrial Relations Theory and Practice.Pdf
ffirs.indd ii 1/15/10 7:36:47 PM INDUSTRIAL RELATIONS ffirs.indd i 1/15/10 7:36:46 PM ffirs.indd ii 1/15/10 7:36:47 PM INDUSTRIAL RELATIONS THEORY AND PRACTICE Third Edition EDITED BY TREVOR COLLING AND MICHAEL TERRY John Wiley & Sons, Inc. ffirs.indd iii 1/15/10 7:36:47 PM This edition first published 2010 © 2010 John Wiley & Sons, Ltd Registered offi ce John Wiley & Sons Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, United Kingdom For details of our global editorial offices, for customer services and for information about how to apply for permission to reuse the copyright material in this book please see our website at www.wiley.com. The right of the authors to be identified as the authors of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. -
The Negotiations Process and Structures
Cornell University ILR School DigitalCommons@ILR Articles and Chapters ILR Collection 2015 The Negotiations Process and Structures Harry C. Katz Cornell University, [email protected] Thomas A. Kochan Massachusetts Institute of Technology Alexander Colvin Cornell University, [email protected] Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/articles Part of the Collective Bargaining Commons, International and Comparative Labor Relations Commons, Labor Economics Commons, and the Unions Commons Thank you for downloading an article from DigitalCommons@ILR. Support this valuable resource today! This Article is brought to you for free and open access by the ILR Collection at DigitalCommons@ILR. It has been accepted for inclusion in Articles and Chapters by an authorized administrator of DigitalCommons@ILR. For more information, please contact [email protected]. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, contact [email protected] for assistance. The Negotiations Process and Structures Abstract [Excerpt] This chapter examines the process by which unions and employers negotiate collective agreements and the structures they use for those negotiations, continuing the analysis of the middle (functional) level of labor relations activity. It explains the dynamics of negotiations and the factors that lead to strikes and then goes on to discuss the different bargaining structures used in negotiations. Keywords labor, management, globalization, negotiation, collective bargaining Disciplines Collective Bargaining | International and Comparative Labor Relations | Labor Economics | Unions Comments Required Publisher Statement © Cornell University. Reprinted with permission. All rights reserved. Suggested Citation Katz, Harry C., & Kochan, T. A., & Colvin, A. -
Copyright Cluedo Find Whodunnit and Get Them to Pay Contents
MAGAZINE OF THE NATIONAL UNION OF JOURNALISTS WWW.NUJ.ORG.UK | JULY-AUGUST 2018 Copyright Cluedo Find whodunnit and get them to pay Contents Main feature 12 Close in and win The quest for copyright justice News opyright has been under sustained 03 STV cuts jobs and closes channel attack in the digital age, whether it is through flagrant breaches by people Pledge for no compulsory redundancies hoping they can use photos and 04 Call for more disabled people on TV content without paying or genuine NUJ backs campaign at TUC conference Cignorance by some who believe that if something is downloadable then it’s free. Photographers 05 Legal action to demand Leveson Two and the NUJ spend a lot of time and energy chasing copyright. Victims get court go-ahead This edition’s cover feature by Mick Sinclair looks at a range of 07 Al Jazeera staff win big pay rise practical, good-spirited ways of making sure you’re paid what Deal reached after Acas talks you’re owed. It can take a bit of detective work. Data in all its forms is another big theme of this edition. “Whether it’s working within the confines of the new general Features data protection regulations or finding the best way to 10 Business as usual? communicate securely with sources, data is an increasingly What new data rules mean for the media important part of our work. Ruth Addicott looks at the implications of the new data laws for journalists and Simon 13 Safe & secure Creasey considers the best forms of keeping communication How to communicate confidentially with sources private. -
The Links Between Collective Bargaining and Equaliy
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by DigitalCommons@ILR Cornell University ILR School DigitalCommons@ILR Freedom of Association September 2002 The Links Between Collective Bargaining and Equaliy International Labour Organization International Labour Office Adelle Blackett McGill University Colleen Sheppard McGill University Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/freedom Thank you for downloading an article from DigitalCommons@ILR. Support this valuable resource today! This Article is brought to you for free and open access by DigitalCommons@ILR. It has been accepted for inclusion in Freedom of Association by an authorized administrator of DigitalCommons@ILR. For more information, please contact [email protected]. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, contact [email protected] for assistance. The Links Between Collective Bargaining and Equaliy Abstract Working paper by Adelle Blackett and Colleen Sheppard, prepared for the ILO, analyzes the links between collective bargaining and equaliy at international level and addresses the efforts to monitor and regulate the right of association and collective bargaining. Keywords agreement, association, bargaining, Catherwood, collective, conduct, Cornell, corporate, declaration, effective, employment, freedom, fundamental, global, globalization, government, human ILR, international, labor, labour, -
Collective Bargaining
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by DigitalCommons@ILR Cornell University ILR School DigitalCommons@ILR Articles and Chapters ILR Collection 2014 Collective Bargaining Virginia Doellgast Cornell University, [email protected] Chiara Benassi London School of Economics and Political Science Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/articles Part of the Collective Bargaining Commons, and the International and Comparative Labor Relations Commons Thank you for downloading an article from DigitalCommons@ILR. Support this valuable resource today! This Article is brought to you for free and open access by the ILR Collection at DigitalCommons@ILR. It has been accepted for inclusion in Articles and Chapters by an authorized administrator of DigitalCommons@ILR. For more information, please contact [email protected]. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, contact [email protected] for assistance. Collective Bargaining Abstract [Excerpt] In this chapter, we first present an overview of different forms of collective bargaining, looking at how institutions and models differ across countries. This is the basis for a review of research examining the integrative or efficiency-enhancingole r of collective bargaining - which typically emphasizes strategic choice and mutual gains, and studies focusing on the distributional consequences of these institutions - which place more emphasis on the role of power and conflict in shaping bargaining processes and outcomes. We argue that research focusing on performance outcomes provides a useful but incomplete set of tools to analyze the form and consequences of collective bargaining institutions.