Industrial Relations & South African Labour Legislation

Vocabulary flashcards covering key terms and definitions drawn from the lecture notes on South African industrial relations, labour legislation, dispute resolution, workers’ rights and related Acts.

Industrial Relations

The overall relationship between employers, employees, trade unions, government and other institutions aimed at maintaining workplace peace and productivity.

Constitution of South Africa (1996)

The supreme law guaranteeing democracy, equality and human rights; no law or contract may supersede it.

Bill of Rights

Chapter 2 of the Constitution listing 35 sections of fundamental rights and responsibilities for all people in South Africa.

Human Dignity

The inherent, inalienable worth of every person that must be respected and protected, rooted in creation in the image of God.

Previously Disadvantaged Individuals (PDIs)

People discriminated against under past South African laws; the full term must be written out before using the abbreviation in formal work.

Limitation Clause (Section 36)

Constitutional provision allowing certain rights to be limited under specific, reasonable circumstances (e.g., affirmative action).

Inclusivity

The principle of equal opportunities and non-discrimination, ensuring participation of all groups, including people with disabilities.

Environmental Right (Section 24)

Constitutional right to an environment that is not harmful to health or well-being and is protected for future generations.

Labour Relations Act (LRA)

Act 66 of 1995 regulating labour rights, collective bargaining and dispute resolution to promote economic development and workplace democracy.

Collective Bargaining

Negotiation process between employers and trade unions to agree on wages, working conditions and other employment issues.

Collective Agreement

A written settlement reached through collective bargaining that is binding on all parties who signed it.

Bargaining Council

A body in a specific industry where employers’ organisations and trade unions negotiate and enforce collective agreements.

Statutory Council

Council similar to a Bargaining Council formed with at least 30 % representation when no Bargaining Council exists; agreements need Ministerial approval to extend sector-wide.

Commission for Conciliation, Mediation and Arbitration (CCMA)

Independent body funded by NEDLAC that settles labour disputes through conciliation, mediation and arbitration.

Conciliation

CCMA process where a commissioner facilitates dialogue between parties to reach a mutual settlement.

Mediation

CCMA stage after failed conciliation where the commissioner recommends a non-binding solution.

Arbitration

CCMA process producing a legally binding award when earlier resolution methods fail.

Trade Union

Registered organisation of workers in a trade or industry that represents members in collective bargaining and labour matters.

Employer Organisation

Association that represents employers’ interests, especially in negotiations with trade unions and labour authorities.

NEDLAC

National Economic Development and Labour Council that fosters consensus on socio-economic and labour policy among government, business, labour and community groups.

Workplace Forum

Employee-elected committee in enterprises with 100+ workers that consults management on workplace issues (excluding wages).

Grievance Procedure

Structured internal route an employee follows to resolve workplace complaints before approaching external bodies like the CCMA.

Industrial Action

Steps (e.g., strike, go-slow) employees take to enforce demands when collective bargaining fails.

Strike

Refusal by two or more employees to work until employer meets certain demands; constitutional when procedures are followed.

Lock-out

Employer action preventing workers from entering the workplace to compel acceptance of employer demands.

Protected Strike

Strike that complies with LRA procedures; employees cannot be dismissed for participation but may for misconduct.

Unprotected Strike

Strike that violates legal procedures or covers prohibited issues; participants risk dismissal or damages claims.

Unfair Labour Practice

Any discriminatory or unjust act (e.g., unfair promotion, suspension) listed in the LRA.

Constructive Dismissal

When an employer makes working conditions unbearable, forcing an employee to resign; treated as unfair dismissal.

Substantive Fairness

Principle that the reason for dismissal is valid and the sanction fits the offence.

Procedural Fairness

Requirement that correct disciplinary or retrenchment procedures are followed before dismissing an employee.

Retrenchment

Dismissal for operational reasons such as economic downturn, restructuring or technological changes making jobs redundant.

Basic Conditions of Employment Act (BCEA)

Act 75 of 1997 setting minimum working conditions such as hours, leave, overtime and termination notice.

Employment Equity Act (EEA)

Act 55 of 1998 eliminating unfair discrimination and implementing affirmative action for designated groups.

Affirmative Action

Measures under the EEA giving preferential treatment to designated groups to correct historical workplace imbalances.

Broad-Based Black Economic Empowerment (BBBEE)

Policy and Act 53 of 2003 promoting the economic participation of black South Africans via a multi-pillar scorecard.

BBBEE Scorecard

Measurement tool scoring ownership, management control, skills development, enterprise & supplier development and socio-economic development.

Skills Development Act (SDA)

Act 97 of 1998 promoting investment in training through SETAs and workplace learning initiatives.

Skills Development Levy (SDL)

Mandatory 1 % payroll levy funding SETAs; employers can reclaim portions via training grants.

SETA (Sector Education and Training Authority)

Industry-specific body managing levies, approving Workplace Skills Plans and promoting learnerships.

Workplace Skills Plan (WSP)

Annual plan outlining a company’s training needs and programmes, required for SDL grant claims.

Occupational Health and Safety Act (OHSA)

Act 85 of 1993 obliging employers to provide safe, risk-free workplaces and outlining employee safety duties.

Sectoral Determination

Legal notice setting minimum wages and conditions for a specific sector, issued after a Wage Commission recommendation.

National Skills Authority (NSA)

Body advising the Minister of Labour on national skills development policy and overseeing SETA performance.

Freedom of Association

Constitutional and LRA right of employees and employers to join or form trade unions or employer organisations.

Collective Bargaining Council Functions

Negotiates/enforces wage agreements, resolves disputes, advises on policy and establishes training schemes for its sector.

Go-slow

Form of industrial action where employees deliberately reduce productivity instead of stopping work completely.

Picketing

Peaceful demonstration, usually outside the workplace, organised by a registered union under NEDLAC’s Code of Good Practice.

Commission for Conciliation, Mediation & Arbitration (Award)

Legally binding decision issued by a CCMA arbitrator concluding a dispute.