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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. -
German Trade Unions on Consolidation Course. Basis-Info 21-2000
DOCUMENT RESUME ED 445 193 CE 080 636 AUTHOR Pahlke-Grygier, Sabine TITLE German Trade Unions on Consolidation Course. Basis-Info 21-2000. Social Policy. INSTITUTION Inter Nationes, Bonn (Germany). PUB DATE 2000-07-00 NOTE 20p. AVAILABLE FROM Inter Nationes, Kennedyallee 91-103, D-53175 Bonn. Tel: 02 28 88 00; Fax: 49 228 880 457; e-mail: [email protected]. For full text: http://www.inter-nationes.de/d/presse/basis/e/bi21-2000-e-f. html. PUB TYPE Reports Descriptive (141) EDRS PRICE MF01/PC01 Plus Postage. DESCRIPTORS Adult Education; Centralization; *Culture Lag; Developed Nations; Economic Impact; Foreign Countries; *Mergers; Organizational Change; Organizational Effectiveness; Organizations (Groups); *Technological Advancement; *Union Members; *Unions IDENTIFIERS *Germany ABSTRACT New technologies have made radical changes in the way work is done. This development has passed by German trade unions anchored traditionally among workers in industrial production and stuck in the old model of the full-time employee with a predictable career and a job for life. Consequently, between 1991-98, about 3 million out of the former 11 million members of German trade unions turned their backs on them. Lack of content, financial losses, and changed general economic conditions has ushered in a consolidation process among trade unions. Several mergers have reduced the 16 unions under the umbrella of the German Trade Union Federation (DGB) to 12, but the decline in union membership has continued. The biggest merger of five trade unions to form the United Services Trade Union (ver.di) is imminent. Its champions say ver.di will take account of changed economic and social general conditions in terms of both content and structure and hope it will attract members from the information technology industry, in which unions have so far been unable to gain a foothold. -
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 Act 2016
Queensland Industrial Relations Act 2016 Current as at 31 August 2017 Queensland Industrial Relations Act 2016 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . 47 2 Commencement . 47 3 Main purpose of Act . 47 4 How main purpose is primarily achieved . 48 5 Act binds all persons . 50 Part 2 Interpretation 6 Definitions . 50 7 Who is an employer . 50 8 Who is an employee . 51 9 What is an industrial matter . 51 Part 3 General overview of scope of Act 10 Purpose of part . 52 11 Definition for part . 52 12 Who this Act applies to generally . 52 13 Who this Act applies to—particular provisions . 54 Chapter 2 Modern employment conditions Part 1 Preliminary 14 Definitions for chapter . 54 15 Meaning of long term casual employee . 55 Part 2 Interaction of elements of industrial relations system 16 What part is about . 55 17 Relationship between Queensland Employment Standards and other laws . 56 18 Relationship between Queensland Employment Standards and industrial instruments . 56 Industrial Relations Act 2016 Contents 19 Relationship of modern award with certified agreement . 56 20 Relationship of modern award with contract of service . 57 Part 3 Queensland Employment Standards Division 1 Preliminary 21 Meaning of Queensland Employment Standards . 57 Division 2 Minimum wage 22 Entitlement to minimum wage . 58 Division 3 Maximum weekly hours 23 Maximum weekly hours . 58 24 Applicable industrial instruments may provide for averaging of hours of work . 59 25 Averaging of hours of work for employees not covered by applicable industrial instruments . 60 26 Deciding whether additional hours are reasonable . -
Labor in the Collapse of the GDR and Reunification: a Crucial, Yet Overlooked Actor
Labor in the Collapse of the GDR and Reunification: A Crucial, Yet Overlooked Actor Dissertation zur Erlangung des akademischen Grades eines Doktors der Philosophie eingereicht an der Philosophischen Fakultät I (Fachbereich Geschichte) der Humboldt Universität zu Berlin von Mathieu Denis Präsident der Humboldt-Universität zu Berlin: Prof. Dr. Dr. hc. Christoph Markschies Dekan der Philosophischen Fakultät I: Prof. Dr. Michael Borgolte Gutachter: 1. Prof. Dr. Dr. h.c. Hartmut Kaelble 2. Prof. Dr. Yves Sintomer (Université Paris 8) Tag der mündlichen Prüfung: 31.05.2007 Abstract Was labour involved in the events of 1989-1990 in Germany? Most studies of the East Ger- man revolution and the subsequent unification of Germany say no. This study argues in the opposite direction and by contextualizing the dynamics of East and West German labour of- fers a new picture of supposedly well-known events. The study explores the different ways in which East and West German labour became crucial actors in 1989-1990. It first enlightens the participation of East German workers to the revolu- tion, by revealing the multifaceted overlapping of developments in the shop floors and the streets. Dynamics within labour, the work shows, were a core constituent of the political proc- esses that marked GDR's end. The analysis then focuses on the politics of four West German unions (metal, chemistry, me- dia, and public service) and of their federation (DGB) and unearths the setting up of a tripar- tite crisis management of the East German economic reforms, between the West German gov- ernment, employers and unions. Set up as early as February 1990, this formal and informal agreement led to the adjunction of the "social" dimension to the Monetary, Economic and Social Union of May 1990, i.e. -
Interpretation of Union Membership Eligibility Rules in the Modern Award Era
SHIFTING THE GOALPOSTS: INTERPRETATION OF UNION MEMBERSHIP ELIGIBILITY RULES IN THE MODERN AWARD ERA Australian Labour Lawyers Association 8th National Conference, 4-5 November 2016, Melbourne Daniel White1 (Special Counsel, Perth), Mills Oakley Lawyers, [email protected] Abstract The interpretation of union membership eligibility rules (union rules) has attracted considerable attention from Courts and Tribunals. The amalgamation of unions over the years has by no means assisted, resulting in ambiguous and confusing union rules which are very difficult to interpret. Union rules also overlap considerably, resulting in claims of membership coverage by multiple unions paving the way for costly demarcation disputes. As of 1 July 2009 the new Fair Work Act 2009 (Cth) placed unions as bargaining representatives at centre stage of the collective enterprise-based bargaining regime. The result has drawn particular focus back to union rules as the source of eligibility to be a bargaining representative and the rights and obligations that flow from that. Awards have historically played an important role in carving out union “turf” under previous legislative schemes and thus assisted in defining the scope of union rules. However as of 1 January 2010, the introduction of Modern Awards, which do not name unions as being “a party”, has opened up the way for some unions to contest coverage and even venture into “new turf”. This paper will reflect on the key decisions concerning the interpretation of union rules, examine the patterns/trends taken by the Courts and Tribunals concerning union rules in the Modern Award era (particularly around bargaining) and promote some ideas for further debate around union rules. -
Employment & Labour Law 2018
ICLG The International Comparative Legal Guide to: Employment & Labour Law 2018 8th Edition A practical cross-border insight into employment and labour law Published by Global Legal Group with contributions from: A. Lopes Muniz Advogados Associados Koushos Korfiotis Papacharalambous LLC BAS – Sociedade de Advogados, SP, RL Lakshmikumaran & Sridharan Carnelutti Law Firm Latournerie Wolfrom Avocats CDZ Legal Advisors Law firm Šafar & Partners, Ltd Debarliev, Dameski and Kelesoska, Attorneys at Law Mariscal & Abogados, Asociados Deloitte Kosova Sh.p.k. McCann FitzGerald Deloitte Legal Sh.p.k. Meridian Law Chambers DQ Advocates Limited Mori Hamada & Matsumoto EmpLaw Advokater AB Pachiu & Associates Erdinast, Ben Nathan, Toledano & Co. Advocates People + Culture Strategies FCLAW – LAWYERS & PRIVATE NOTARIES Rátkai Law Firm GANADO Advocates SEUM Law Global Law Office Shahid Law Firm Gün + Partners Skrine Gürlich & Co. Stikeman Elliott LLP Hamdan AlShamsi Lawyers and Legal Consultants Sulaiman & Herling Attorneys at Law Hogan Lovells Udo Udoma & Belo-Osagie Homburger Wildgen S.A. Hughes Hubbard & Reed LLP Winkler Partners The International Comparative Legal Guide to: Employment & Labour Law 2018 General Chapter: 1 Where Next for the Gig Economy? – Stefan Martin & Jo Broadbent, Hogan Lovells 1 Country Question and Answer Chapters: 2 Albania Deloitte Legal Sh.p.k.: Sabina Lalaj & Ened Topi 5 Contributing Editors Stefan Martin & 3 Australia People + Culture Strategies: Joydeep Hor & Therese MacDermott 15 Jo Broadbent, Hogan Lovells 4 Bahamas Meridian Law Chambers: Dywan A – G. R. Rodgers 22 Sales Director Florjan Osmani 5 Brazil A. Lopes Muniz Advogados Associados: Antônio Lopes Muniz & Zilma Aparecida S. Ribeiro 28 Account Director Oliver Smith 6 Canada Stikeman Elliott LLP: Patrick L. -
UC San Diego UC San Diego Electronic Theses and Dissertations
UC San Diego UC San Diego Electronic Theses and Dissertations Title The Bundesgrenzschutz: Re-civilizing Security in Postwar West Germany, 1950-1977 Permalink https://escholarship.org/uc/item/6hr297n8 Author Livingstone, David Michael Publication Date 2018 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA, SAN DIEGO The Bundesgrenzschutz: Re-civilizing Security in Postwar West Germany, 1950-1977 A Dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in History by David Michael Livingstone Committee in charge: Professor Frank Biess, Chair Professor Richard Biernacki Professor Deborah Hertz Professor Rebecca Plant Professor Ulrike Strasser 2018 Copyright David Michael Livingstone, 2018 All rights reserved. Signature Page The Dissertation of David Michael Livingstone is approved, and it is acceptable in quality and form for publication on Microfilm and electronically: Chair University of California, San Diego 2018 iii Dedication This dissertation is dedicated to my Grandmother, Maria, “Oma Bitzel” Commerçon and my Mother, Helga Livingstone (née Commerçon) – two strong women whose stories of life in postwar West Germany inspired me to be a historian. iv Epigraph Democracy cannot be imposed on any nation from the outside. Each society must search for its own path, and no path is perfect. Barack Obama v Table of Contents Signature Page ............................................................................................................................................ -
The Labour Court of South Africa, Held at Johannesburg
Of interest to other Judges THE LABOUR COURT OF SOUTH AFRICA, HELD AT JOHANNESBURG Case no: J1746/18 In the matter between: JOHANNESBURG METROPOLITAN BUS Applicant SERVICES SOC LTD and DEMOCRATIC MUNCIPAL AND ALLIED First Respondent WORKERS UNION SOUTH AFRICAN MUNICIPAL WORKERS Second Respondent UNION INDEPENDENT MUNICIPAL AND ALLIED Third Respondent TRADE UNION PERSONS LISTED IN ANNEXURE “A” TO Fourth and further THE NOTICE OF MOTION Respondents Heard: 24 May 2018 Delivered: 04 June 2018 Summary: (s 68(3) of the LRA – curtailment of proceedings by agreement – salutary cost order nonetheless appropriate – final strike interdict – respondents not bound by collective agreements on grievances or collective bargaining – Page 2 council agreement not yet applicable to applicant – strike demands not rendering strike unprotected – application dismissed ) JUDGMENT LAGRANGE J Background [1] This is an urgent application for a final interdict to prevent a strike which was due to commence on 28 May 2017. The applicant, Metrobus, applies for two alternative forms of relief. It is opposed by the first respondent, the union DEMAWUSA. [2] Firstly, Metrobus seeks to interdict a strike on the basis that the dispute was prematurely referred to conciliation in breach of a grievance procedure forming part of the main agreement of the SALGBC, which it claims is applicable to the members of DEMAWUSA who intend to strike. In the alternative, it seeks a final order preventing them from embarking on the strike until a dispute regarding the application of the Main Agreement and the Salary and Wage Agreement of the bargaining council has been determined. Ordinarily, such an order is sought on an interim basis pending the outcome of the dispute referred to the bargaining council, but Metrobus has chosen to frame it as final relief. -
CCMA Practice and Procedure Manual
PRACTICE AND PROCEDURE MANUAL 7th Edition November 2014 PRACTICE AND PROCEDURE MANUAL 7th Edition November 2014 1 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 2 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. -
European Socialism and Communism Communist Interventions, Volume I
European Socialism and Communism Communist Interventions, Volume I Communist Research Cluster 2014 Reasoning about history is inseparably reasoning about power Guy Debord Preface We present here a history of twentieth-century communism through primary sources, divided into fourteen chapters arranged in chronological order. Each chapter deals with a historical moment or theoretical debate, and contains an amount of reading appropriate for one week's time. We hope that this reader will provide the foundation for seminars and reading groups. Tarrying with the history of twentieth-century communism is difficult: these texts issue a clar- ion call for human emancipation. At times, their authors seem almost hubristic. They confidently proclaim that the future belongs to communism. Yet, if these pages begin with a confident outlook, they end in despair. The twentieth century looks, to us, much as Walter Benjamin suggested the past did to the Angel of History: \Where we see the appearance of a chain of events, he sees one single catastrophe, which unceasingly piles rubble on top of rubble and hurls it before his feet." Why should we feel compelled to revisit this history, today? In compiling these texts, we hope to transmit a series of revolutionary perspectives. However { and this point bears repeating { we do not think that one can find answers to the burning questions of the present moment in the revolutionary theories of the past. It would be foolish to search these pages for the \right" perspective to adopt. Nevertheless, a historical awareness may prove useful, for at least two reasons. It has the po- tential to free us from overly simple perspectives on our own times.