This document summarizes key aspects of South Africa's Labour Relations Act of 1995. It discusses how the Act created provisions for freedom of association, registration of trade unions, collective bargaining councils, and dispute resolution mechanisms like the CCMA, Labour Court, and Labour Appeals Court. The rights of employees and unions are also outlined. Bargaining councils, statutory councils, and their functions are defined. The roles of the CCMA, Labour Court, and Labour Appeals Court in resolving disputes are also summarized.

1. Lecturer: Laken Marais
2013

2. 
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Socio-political, economic & technological forces both inside &
outside the country shapes any countries employment relations
system.
In SA there has been many legislative changes which has resulted in
many necessary improvements in employment relations.
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This module deals with these important legislative changes: LRA of
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It has created legislative provisions such as: Freedom of association,
1995 (Labour Relations Act)
registration & constitution requirements of trade unions & employer
organizations & organizational rights. Also creation of bargaining
councils, statutory councils, collective agreements & dispute
resolution, CCMA, Labour Court, Labour Appeal Court.

3. 
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Section 4 of Labour Relations Act of 1995: Gives every employee the
right to participate in forming a trade union and to join in a trade
union, subject to its constitution.
Union members have the right to elect office-bearers, officials or
trade union representatives (Shop stewards); to be elected &
appointed as office-bearers or officials, if elected or appointed, to
hold office.
Pg. 120 - 121

4. 
The right
The right
The right
The right
The right
The right
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Pg 125 - 130
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to
to
to
to
to
to
access the workplace
deduction of trade-union subscriptions or levies
leave for trade- union activities.
elect trade-union representatives
disclose information
strikes & lock-out.

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Formed between 1 or more registered trade unions & 1 or more
registered employers organisations in a particular sector or area,
maintaining the rules relating to its constitution while in operation.
The council must be registered with the Director of Labour Relations
at DOL & notice must be published in government gazette.
Functions Include:
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Dispute resolution between employers & employees
Dispute resolution between parties not party to collective agreement
Conclude & enforce agreements.
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Pg 131 - 134
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6. 
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Established where no bargaining council exists by 30% of employees
of registered trade unions in sector,
Or registered employer’s organisations employing 30% of employees
in sector.
Their functions are to resolve disputes according to constitution.
Also known as a ‘Trainee bargaining council” as they fulfil some of
the functions performed by bargaining councils, but may only be
established in sectors & areas where no bargaining council has been
established.
Pg 134-136

7. 
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The CCMA makes provision for the conciliation & arbitration of
disputes.
Its governing committee consists of chairperson & 9 other members
nominated by NEDLAC & appointed by minister of labour for 3
years.
Its functions include among other things:
Resolving Disputes through conciliation & arbitration
Assisting in establishment of workplace forums
Compiling & publish info & statistics about its activities
Giving advice on dispute procedures to be followed
Give advice on training relating to the primary objectives of the act
Pg 144-151

8. 
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Consists of a judge president, deputy judge president, judges
nominated by NEDLAC, state president & minister of labour.
Has inherent jurisdiction, can grant relief, interdicts, compliance
orders, declaratory orders,
Can award compensation and damages, order costs, make
arbitration awards orders of court, review & revoke arbitration
awards, appeals & other incidental duties.
Pg 151-152

9. 
Consists of:
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Judge president
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Deputy judge president
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3 other judges of the high court who has powers equal to that of the
supreme court of appeal and hears and determines all appeals
against final orders of the labour court.
Pg 153