Collective Employment and Industrial Relations Practice Flashcards

Vocabulary based flashcards covering collective bargaining, industrial relations, the legal framework of the ILRA, and key case law regarding strikes and essential services.

Collective Bargaining

A process of negotiations between employers and representatives of a unit of employees aimed at reaching agreements which regulate working conditions.

Collective Agreement

A labour contract between an employer and one or more unions that usually sets out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate.

Universal Declaration of Human Rights Article 23

An international human right identification of the ability to organize trade unions as a fundamental human right.

Facilities Subsector Bargaining Association v British Columbia [2007] 2 S.C.R. 391

A Canadian Supreme Court case that reviewed the rationale for collective bargaining as a human right that enhances the human dignity, liberty, and autonomy of workers.

Section 66(2) ILRA

The provision stating collective bargaining may be undertaken at the level of an undertaking (management and union) or at the level of an industry (employers' organisation and union).

Statutory Clauses (Section 68 ILRA)

Clauses required in every collective agreement stipulating the effective date, duration, and methods for reviewing, amending, replacing, or terminating the agreement.

Lodgement of Collective Agreements (Section 70)

The requirement for parties to lodge five signed copies of the collective agreement with the Commissioner within fourteen days of signing.

Conditions for Minister's Approval (Section 71(2) ILRA)

The Minister shall only register an agreement if it contains statutory clauses and does not contain anything contrary to any written law.

Automatic Incorporation Theory

The concept that collective terms are incorporated automatically into individual contracts of employees as soon as the collective agreement is legally binding.

Manual Incorporation Theory

The theory that collective terms are not automatic but must be consciously incorporated by the parties to the contract of employment.

Contract Haulage Limited v Mumbuwa Kamayoyo (1982) Z.R. 13 (S.C.)

A Supreme Court ruling holding that a collective agreement is a legally binding contract and anything done outside these agreements is of no legal effect.

Strike (Section 3 ILRA)

The cessation of work or withdrawal of labour contrary to contract terms by a body of persons acting in combination, or a concerted refusal to continue to work.

Lock out (Section 3 ILRA)

The closing down of a place of employment, suspension of work, or refusal to continue to employ as a result of a dispute to compel persons to accept employment terms.

Collective Dispute (Section 75 ILRA)

A dispute between an employer/organisation and employees/union relating to employment terms where claims are presented in writing and met with failure to answer in fourteen days, formal rejection, or failure to reach settlement in a meeting.

Conciliation Board (Section 76)

The required next step when collective bargaining fails to settle a collective dispute.

Simple Majority Decision (Section 78(3) ILRA)

The voting weight required for a strike or lockout, defined as $50\% + 1$ of the employees present and voting.

Strike Commencement Period (Section 78(4) ILRA)

A strike or lockout may commence ten days following the decision to do so.

Kitwe City Council v. William Ng’uni

A case establishing that an employer is entitled not to remunerate employees for the period they do not report to work while on strike.

Sympathy Strikes

Strikes over political matters which are not considered legitimate under the law as the right to strike is strictly limited to parties to the dispute.

Acute National Crisis

A genuine crisis situation arising from serious conflict, insurrection, or national disaster where normal conditions for the functioning of society are absent.

Excluded Groups (Section 2(1) ILRA)

Categories of workers including police and prison officers, judges, registrars, magistrates, Zambia Security Intelligence Service, and the Defence Force who are excluded from joining a trade union.

Essential Service (ILO Definition)

Services whose interruption would endanger the life, personal safety, or health of the whole or part of the population.

Essential Service (Section 107(10) ILRA)

Includes electricity generation/supply, hospital/medical services, water supply/distribution, sewerage, fire brigade, and mine maintenance (underground working, drainage, shafts).

Tropical Diseases Research Centre v University of Zambia and Allied Workers Union

A Supreme Court case holding that research and training facilities do not qualify as an essential medical service, meaning employees could strike.

Attorney General v. Vincent Makando

A High Court case emphasizing that a strike cannot be initiated if one of the parties chooses to go to court or arbitration after conciliation fails.