Faculty of Business & Economic Sciences

School of HR and IOP

Department of Human Resource Management

2nd Avenue Campus

Employment Relations Theory 1/Industrial Relations 1

Module Codes: BIR2010/2001/2211/1000

Module Learner Guide 2023

1. WELCOME / INTRODUCTION
Welcome to your first year of Employment Relations. The main focus of the
module will be on the dynamic relationship in the workplace between
management and labour (employees or their trade unions).

2. CONTACT DETAILS

Lecturers
Name & Office Tel No: E-mail
Surname No:
Ms Mandisa 366 041 504 [email protected]
Mavuso 3962

Consultation Times
Monday: 09h30-11h30
Wednesday: 10h30-12h00
Ms Siphiwe 1007 Main Building, 041 504 [email protected]
Chabalala South Campus 4262

Consultation Times
Wednesday: 10h00-12h00
Thursday: 09h00-10h00

Departmental secretary
Name & Office No: Telephone No: E-mail
Surname
Ms Rifqah Felix 364 041 504 3703 [email protected]

Interns
Name & Surname O E-mail
C Ms Charney Sias [email protected]
Ms Lwambeso Mehlala [email protected]

MODULE ENROLLMENT KEY: bir2nd

2. MODULE DESCRIPTION

a. Purpose

The core purpose of this module is to understand the fundamental principles of

employment relations within the South African context.

UNITS: The purpose of the unit standards contained in this module is to

enable learners to:

⚫ investigate the history of and different perspectives on employment

relations in South Africa,
 ⚫ explore the relationships between the parties to the employment
relationship, understand the impact of various environmental variables
on the employment relationship,
⚫ investigate the processes and structures available for dispute
resolution, and
⚫ understand the provisions of key labour legislation on the employment
relationship
NB! In order for the module to be more meaningful and interesting for students,
they need to follow employment relations trends and activities in South Africa
(e.g. strikes, wage negotiations, impact of technological advancements and
globalization, legislative and political developments, etc.). This can be achieved
by reading newspapers, watching / listening to the news, reading relevant
publications and talking to people.

Students are also required to consult with this learning guide prior to each
unit so that they are able to participate actively in class discussions and
practical exercises.

b. Aims

This module is aimed at preparing students to understand the South African

labour relations environment and labour legislation as well as developing an
insightful and systematic approach to the management of the relationship
between management and labour, in line with organizational strategy.

3. OUR LEARNING AND TEACHING PHILOSOPHY

3.1 FACULTY PHILOSOPHY

CARING AND HUMANISING EDUCATION WITH PURPOSE

To develop purposeful and meaningful educational experiences through a caring teaching practice,
thus producing innovative leaders as well as students who approach their learning with
motivation and confidence to succeed.

This will be achieved by:

• creating an environment where valuable knowledge can be shared,

• instilling life-long learning in an ethical, collaborative and caring environment,

• utilising discussion, debate, case studies and group work to unpack relevant content
and develop proficient business skills and competent professionals,
 • encouraging students to be critical and curious, to be accountable with impeccable,
professional work ethic, to take ownership of their own learning, and
• preparing students to apply what they have learned to their career and life situations.

3.2 DEPARTMENTAL PHILOSOPHY

We believe in a student-centered approach to learning and teaching where our students

become central to the acquisition of knowledge and skills. As lecturers, we become
facilitators of the learning process, through encouraging our students to seek, understand,
share and reflect as they engage with the learning content and outcomes. In this way, we
strive to develop the potential of each student through drawing on their inherent skills and
experiences, both within and beyond the classroom. Our aim is for students to grow as
competent and confident leaders of their own personal development, while acquiring the
necessary knowledge and skills that will enable them to contribute to the field of HRM
practice.

3.3 DEPARTMENT LEARNING AND TEACHING MODEL

 4. OUTCOMES

a. Specific / Exit level outcomes

At the end of this module students should be able to comprehend the following
outcomes:

• provide an overview of the history of and different perspectives on

employment relations in South African context,

• describe relationships between parties in the employment relationship,

• argue the impact of various environmental variables on the employment

relationship,
• outline the main institutions, mechanisms, structures, processes and
methods available to resolve disputes and maintain healthy relations in
the workplace.

• explain how the provisions of key labour legislation provides structure to

the employment relationship,

• introduce students to various workplace agreements and procedures

which regulate the employment relationship,

b. Critical cross-field outcomes

The students should be able to:

• communicate effectively using visual, and/or language skills in the modes of

oral, written and/or presentation work;

• identify and solve problems by using creative and critical thinking;

• organize and manage themselves and their activities responsibly and effectively;
• work effectively with others in a team, group, organization and community;
• collect, analyse, organize and critically evaluate information;
• use science and technology effectively and critically, showing responsibility
towards the environment and the health of others;
• understand that the world is a set of related systems, meaning that problem-
solving contexts do not exist in isolation.
 c. NMU Desired Graduate Attributes Profile

In-depth disciplinary/interdisciplinary Creativity and innovation

knowledge Critical thinking
Social awareness and responsible citizenship Inter and intrapersonal skills
Adaptive expertise Communication skills

5. ASSESSMENT: (NB! There is NO EXAMINATION)

a. Types

• Class Tests

• Assignment/s

• Presentations

• EMAs (End-of-Module Assessments)

b. Dates: See schedule below

c. Calculation of final module mark

The final mark is calculated by adding all the marks the students got during the
semester, dividing each mark by the weighting of that assessment (see above for
weights).

d. Assessment weights
There are 7 assessments for the Module:
1. 3 Class Tests = 10% and 2 x 20%
2. 2 Group Assignments = 15% each
3. 1 Group Presentations = 10%
4. 1 Group Poster Presentations = 10%
6. SCHEDULE
Weeks Activity Dates
Week 1 Introduction to Module study guide; timelines; assessments; 27 February
discuss assignments and establish groups for presentations.
Week 1 UNIT 1: Labour relations theory and comparative 27 February
Week 2 02 March
perspectives

Week 2 TUTORIAL: UNIT 1 02 March

Week 3 UNIT 2: The development of labour relations in 06 March

Week 3 South Africa 08 March

Week 4 TUTORIAL: UNIT 2 13 March

Week 4 UNIT 3: Context -Environmental influences on Labour relations 15 March
Week 5 20 March

Week 5 TUTORIAL: UNIT 3 22 March

Week 6 Assessment No.1: (10%) 27 March
Test on Units 1; 2 and 3
Week 6 UNIT 4: Trade unions: goals, strategies and organization. 29 March

Week 7 TUTORIAL: UNIT 4 03 April

Week 8 RECESS: TERM 1 07 - 16 APRIL

Week 9 UNIT 5: Management strategy and employer organizations. 17 April

Week 9 19 April

Week 10 TUTORIAL: UNIT 5 24 April

Week 10 UNIT 6: The role of the state, government strategies and 26 April
Week 11 State as an employer 03 May

Week 12 TUTORIAL: UNIT 6 08 May

Week12 Assessment No.2: (20%) 10 May

Test on Units 4; 5 and 6
Week 13 UNIT 7: The Constitution and Bill of Rights 15 May
Week 13 17 May

Week 14 TUTORIAL: UNIT 7 22 May

Week 14 24 May
PREPARATION OF ASSIGNMENTS
Week 15 Submission of Assignments (15%) 29-31 MAY
5% deduction each day for late submissions after the
31 st May.
End of Module Assessments
05-26 June
17 Jun-16 Jul
RECESS: TERM 2

SEMESTER 2 STARTS
Week 1 UNIT 8: South African labour law 24 July
Week 1 26 July

Week2 TUTORIAL: UNIT 8 31 July

Week 2 Presentations: SA Labour Law (10%) 2&7 Aug

Week 3 6 groups per day (15 mins each) 14& 16 Aug
Week 4
Week4
Week 5 UNIT 9: Workplace agreements and procedures 21 August
Week 5 23 August

Week 6 TUTORIAL: UNIT 9 28 August

Week 6 UNT 10: Strikes and lockouts: 30 August

Week 7 04 Sept
Week 7 TUTORIAL: UNIT 10 06 Sept
Poster submissions=10% (Strikes)
Week 8 7-13 Sept
RECESS: TERM 3
Week 9 UNIT 11: Employee participation and relationship building 18 Sept
Week 9 20 Sept
Week 10 TUTORIAL: UNIT 11 27 Sept

Week 11 Test on Units 9; 10 and 11 (20%) 02 October

Week 11 Assignment Preparation 04 October

Week 12 09 October
Week 12 11 October
Week 13 Assignment Submission (15%) 16 October

7. BOOKS/RESOURCES / REFERENCES
PRESCRIBED BOOK
Finnemore, M. (2018), Introduction to Labour Relations
in South Africa (12th Ed.) Lexis Nexis.

The textbook will be supplemented with

additional readings, case studies and
legislative amendments.

RECOMMENDED

All books, journal articles and newspapers that touch on any topic of ER
indicated in the content of this learner guide are recommended, see below:

Nel, PS, Kirsten, M, Swanepoel, BJ, Erasmus, B Jordaan (2016), South

African Employment Relations (8th ed.) Van Schaik.

Bendix, S (2015), Labour Relations in Southern African perspective (6 th ed.)

 Juta.
Recommended websites

https://www.labour.gov.za http://www.labourwise.co.za
http://www.labourguide.co.za https://www.labourlawadvice.co.za
http://www.ccma.org.za
http://www.labour.gov.za https://www.worklaw.co.za;
https://www.ilo.org

These websites will provide you with invaluable information in understanding

the terms, processes and structures referred to throughout your HRM studies
and assist in the compilation of assignments, and reports.

8. ENQUIRIES

For any questions you might have, please contact the lecturers first. Please give them ample
time to respond to your queries as they have other modules that they are busy with. Should
there be no response after a week, kindly remind the lecturer and if still there is no response
after the reminder, you may inform the department administrator, Ms Rifqah Felix and copy
the lecturer in that communication. If this yields no results as well, please contact the acting
HoD, Mrs Agherdien, however, this must be the last resort.

9. ASSIGNMENT EVALUATION AND DECLARATION OF ACADEMIC

INTEGRITY FORMS
You will be required to attach copies of the assignment evaluation and declaration
of academic integrity forms to any individual/group assignments which may be
submitted, please see below:
ASSESSMENT/ASSIGNMENT DECLARATION FORM
I hereby declare that this assessment/assignment is prepared and written by myself and
is a result of my own work and knowledge.
Rules when undertaking the completion of this assessment / assignment.

1. You agree not to:

• use of any other means that could inappropriately help you in your work.
• help or assist any other student in any way with the assessment/assignment
unless your lecturer has indicated that this is permitted.
• allow any fellow student to copy or use your work.
• accept assistance, a copy of or use another student’s assessment/assignment.
• submit work that is not your own.
• obtain or try to obtain assistance in relation to the assessment/assignment.
• undertake to complete the assessment/assignment on behalf of another/other
student/s.
• allow another/other student/s to complete the assessment/assignment on your
behalf.
• take any screenshots or copies of the assessment/assignment for sharing
with fellow students
 • all other rules pertaining to tests, assignments and examinations are
applicable.
2. You acknowledge that you are aware of rules contained in the Nelson Mandela
University’s General Prospectus, but specifically regarding plagiarism and
dishonesty:
General Prospectus rule G1.27: Plagiarism and academic dishonesty
“Plagiarism and any instance of an academic dishonesty will be dealt with the
Student Disciplinary Code. Students are referred to the Policy on Academic
Integrity and Prevention of Plagiarism available on the student portal ”

I hereby declare that I shall adhere to the requirement and rules outlined and referred to
herein; and that I am aware that transgression of these rules will result in disciplinary
action in accordance with the Nelson Mandela University’s General Prospectus.
o Yes
o No

10. TESTS

Test dates are provided in advance. If a test is not written for a good reason
(illness, bereavement or injury), you will be entitled to write a sick/make-up test. It
is your responsibility to notify the lecturer and provide a valid medical certificate.
Failing to notify your lecturer will result in a zero mark for that test. Please be
advised that only one make-up test may be written, even though you may have
been absent for more than one test with a valid reason.
The University General Rule states:
G1.9.4 Absence from Assessments (e.g. tests, practicals):
G1.9.4.1 Satisfactory documentary evidence, e.g. a medical certificate, is required for
absence from all types of assessments subject to rule G1.9.4.3.
G1.9.4.2 Such documentary evidence must be submitted to the relevant lecturer no
later than
three (3) working days after the assessment.
G1.9.4.3 The requirement for submitting satisfactory evidence for absence from an
assessment is subject to the rules of the faculty or department responsible for administering
assessments in terms of faculty or department specific rules approved by Senate and
published in the Faculty Prospectus.

ASSIGNMENT/S

You will complete a number of individual and group assignments as part of your
course requirements. These requirements will differ for part-time students. Your
course facilitator will provide you with the respective topic(s) and due dates.
Assignments must be handed in on or before the due date. If handed in late, a
5% mark will be deducted for each day that the assignmet is late. You are
required to keep electronic copies of all assignments for backup purposes.
The layout and compilation of assignments should follow any instructions and
standards provided by your course facilitator and adhere to the guidelines
provided for academic writing.
11. UNITS and CONTENT

UNIT 1 – Labour relations theory and comparative perspectives

Introduction

This unit will introduce students to the complex and dynamic study of employment
relations by outlining the major contributions to current theory and practice in South Africa.
This will include an analysis of some of the predominant pioneers in and theoretical
perspectives on labour relations. Thereafter, a contemporary (open systems) perspective on
South African employment relations is forwarded, including an analysis of the
multidimensional nature of employment relations and an exploration of the roles of the
different stakeholders in this relationship. The centrality of the use of power is highli ghted
as important in understanding the conflict/common ground dynamic that underlies the
interaction between these stakeholders.

Outcomes

1. Describe the term industrial or labour relations.

2. Discuss the early pioneers in labour relations.
3. Analyse and compare the major perspectives of labour relations, namely:
▪ Unitarism
▪ Pluralism
▪ Radicalism
▪ Societal corporatism and social dialogue as tool for change
▪ State Corporatism
5. Explain the open systems framework through identifying and explaining:
▪ the roles of the parties to the labour relationship and the use of power
▪ the impact of environmental influences on the relationship
▪ structures and processes for conflict resolution as well as outcomes

Activity

Prepare for a class discussion entitled: Who are the stake holders in the
employment relationship. What is your definition of an employment relationship
in an organization?
 UNIT 2 – The development of labour relations in SA

Introduction

In this unit students will trace the history of labour relations practices in South Africa from
the time of the first Dutch settlers until the present day. This will include a focus on
historical milestones and developments relevant to employment relations over the period.
Current labour practices are rooted in and have evolved from a time when the South African
workplace was characterised by divisions and a lack of inclusivity. This was a reflection of
the broader social, economic and political realities of that time. National and i nternational
developments on all fronts forced a reassessment of perspectives on employment relations
in South Africa which is now strongly reflected in current practices and backed up by
supporting legislative developments.

Outcomes

Outline the historical development of employment relations in South

Africa including the following:
Dutch settlers, agrarian economy, “master-
Apartheid: suppression of communism and black
servant relationship”
trade unions
Industrialisation and the creation of a Durban strikes to the Wiehahn Commission, rapid
divided labour force
growth in trade unions in early 1980s
Labour Relations Act (1981), imperative for change,
Creation of a black migrant labour force on
process of transition
the mines
Conflict on the mines: the fight for the Immediate post-apartheid years (1994 – 1999)
status of the white worker
The Rand Rebellion – 1922 The challenges of the new millennium, Marikana
Early black worker resistance The Growing divide splits- Mbeki to Zuma to
Ramaphosa
Formalisation of a dual system of labour Cosatu splits: Formation of The South African
relations Federation of Trade Unions (SAFTU)
Growth of manufacturing and non-racial Ramaphosa is elected as president
unions, black worker mobilisation

Activity
Prepare for a class discussion entitled “Why is it important to have an
understanding of the history of employment / labour relations in South
Africa?” In your preparation consider the current political, economic and social
challenges which have an impact on employment relations (include Covid 19).
 UNIT 3 – Context - Environmental influences on labour relations

Introduction

The approach taken in this course is to view labour relations from an open systems
perspective. This implies that employment relations dynamics are heavily influenced
by, and in turn have an influence on, other subsystems of society (Nel, Kirsten,
Swanepoel, Erasmus & Poisat, 2008, p25).

Employment relations exist in any enterprise where one person works for another …
whether it be in the largest corporation or the smallest spaza. As such, the nature
and form of this relationship is affected by events that take place within the immediate
working relationship, by factors within the immediate (organisational) environment
and by events occurring and situations existing outside of the immediate working
environment. For example, South Africa’s socio-economic and socio-political situation
is constantly undergoing change. These changes spill over into the workplace and
could influence the quality of employment relations which could jeopardise
organisational success (Nel et al, 2008, p25).

In this unit students will be introduced to some of the major environmental influences on
labour relations. This will include a study of key situations and events operating at a macro
level, such as the impact of technological development, globalisation and economic and
political developments as well as and events operating at a micro level such as the impact
of cultural diversity within the organisation and the attention the organisation pays to issues
such as employee wellbeing and safety.
Outcomes

1. Analyse and discuss macro environmental influences including:

▪ Political transformation and the new Constitution
▪ Government economic policy
▪ Demographic pressures
▪ Economic challenges
▪ Globalisation
▪ Sustainable development and climate change
▪ Human resource development challenges in South Africa
2. Analyse and discuss micro environmental influences on labour relations
including:
▪ Occupational health
▪ Occupational safety
▪ Cultural diversity at the workplace
3. Discuss the role of the media in promoting the aims and objectives of
employers and trade unions.

Activity

Be prepared for a class discussion: “As a student do I believe that the value of
cultural diversity is well supported at the NMMU? In an organization please
state the importance of cultural diversity.”

UNIT 4 – Trade unions: goals, strategies and organisation

Introduction
The recognition of the lack of power of any individual employee to bring about change led
to the development of unions during the industrial revolution. These unions arose as a
reaction to the poor working conditions, low wages and exploitation suffered by w orkers at
the hands of their employers. The need for employees to defend their interests has remained

a driving force behind unionisation into the 21 st century.

In this unit the reasons why people choose to join trade unions will be considered and
the goals that trade unions establish for themselves will be explored. In a time of
dramatic and ongoing global economic and political developments it is important to
explore whether the current focus of trade unions is still meeting the needs of its
members. In considering the role of the trade union it is also important to learn more
about union structure and functioning, more especially with regard to the role of the
shop steward, who is traditionally the “face” of the union within the workplace, as well
as to understand the different types of trade union groupings. Linked to this unit
students will consider some of the challenges faced by unions and their representatives
as unions grow and evolve. Finally, the aims and objectives of the major trade union
federation, COSATU, will be explored.
Outcomes

1. Define what is meant by a trade union.

2. Explain the reasons why workers join unions.
3. Analyse the goals of trade unions.
4. Explain the various sources of union power.
5. Describe the duties, problems associated with, and benefits of being a
shop steward.
6. Discuss the reasons for “creeping oligarchy”.
7. Distinguish between a closed and an agency shop agreement.
 8. Differentiate between the different types of unions and provide an
example of each.
9. Define the concept “union federation” and discuss the objectives of
COSATU.

Activity

1. Prepare for a class discussion on the role of trade unions and the
reasons why you would join a trade union especially during the times
of Covid19.

2. Are trade unions still relevant in times of 4IR?

UNIT 5 – Management strategy and employer organisations.

Introduction

There is huge diversity in terms of employers and employment conditions in South

Africa. Employers differ greatly in size, product market, location, etc.

The ideology, beliefs and value systems of employers have a powerful impact on the
nature of employment relations and spawn a wide diversity of labour relations policies
and procedures. In addition to this, factors external to the business operating
environment continue to have an affect on the way in which businesses are managed.
As employees band together in trade unions as a means of fortifying themselves and
addressing burning issues, so too it is important that structures exist for employers,
despite their diversity, to come together and address mutual concerns and challenges.

In this unit students will be introduced to the different ideologies / value systems that
employers may hold and the resultant management styles and strategic approaches to
employment relations. Students will also learn that there is not a “best” style to running a
business but that prevailing circumstances and historical realities need to be borne in
mind. Students will also be introduced to the concept of the employer organisation. Lastly,
the relevance of corporate social responsibility and its contribution to sustainable
development will be explored.

Outcomes

1. Discuss the concept of employer diversity and management strategy.

2. Discuss the development of management strategy and labour relations.
3. Based on organisational value system discuss management style and labour
relations strategy under the following headings:
▪ Autocratic unitarism and union suppression
▪ Sophisticated paternalistic unitarism and union avoidance
▪ Adversarial pluralism and collective bargaining
▪ Consultative pluralism - employee participation and
union/management co-operation (incl. WCM)
4. Discuss the advantages of a formalised labour relations policy.
5. Discuss the role of employer organisations.
6. Outline the aims and objectives of Business Unity South Africa and the role
of chambers of commerce and industry.
7. Explain the concept of corporate social responsibility and investment.

Activities

1. Find the any organisations’ Employee Relations Policy on the internet. Read

through the document. Decide which management strategy has been adopted

for this organisation. Motivate your answer by providing at least 10 examples of

supporting evidence from this policy document.

2. Find an example of a corporate social responsibility programme within the

metropole. Bring information about this initiative to class.

UNIT 6 – Parties to the labour relationship (the state)

Introduction

The state has a vital role to play in setting the employment relations climate in the
country. The approach the state adopts in aligning itself with, forcing or negotiating
for change in employment practices has a crucial effect on the wellbeing and security
of employees. This role is not static and, as with the changing needs of employers
and employees, can evolve as a result of political, economic and social realities. It is
thus clear that it is the state that sets the boundaries in which the parties operate,
bargain and reach agreements.
In this unit the student will explore different government strategies and why a
government may choose to support a particular strategy. Current realities in the
South African labour scenario will be outlined as well as the structures government
has created to realise its intentions to create a more just and democratic employment
climate. This will include exploring the objectives and functions of NEDLAC and the
role played by the Department of Labour.
The particular challenges faced by the government, itself an employer, will also be
emphasised.
Outcomes

1. Discuss government strategies in promoting unitarism, pluralism and

societal corporatism.
2. Discuss the formulation, functions and structure of NEDLAC.
3. Discuss the role of the Ministry of Labour and the functions of the
Department of Labour.
4. Discuss the fundamental differences that exist between the state and any
other employer.
5. Discuss the structure of the public sector.
6. Discuss essential services and limitations on strikes.
Activity

Prepare for a discussion on Teams about “Strike as a technique to express

unhappiness: Is this an absolute right during Covid19 pandemic for Health

practitioners? What other methods can they use to express their dissatisfaction?

UNIT 7 – The Constitution and Bill of Rights

Introduction

South Africa is a Constitutional state. As the supreme law of the country the
Constitution provides for certain fundamental rights to be enjoyed by all South African
citizens. Certain of these rights deal specifically with labour relations.
South Africa’s Constitution is regarded as one of the most progressive in the world and
enjoys high praise internationally. In this unit the basic characteristics and elements of
the Constitution will be introduced. This will include an exploration of the Bill of Rights
and its relevance to employment relations. The Labour Relations Act No. 66 of 1995 was
passed as a law to give effect to the fundamental right to fair labour practices as
enshrined in the Constitution. This unit will conclude with an analysis of the impact of
the Constitution on South African employment relations.
As there is not a specific chapter dealing with the Constitution in your text book you are
referred to the website http://www.thehda.co.za/uploads/images/unpan005172.pdf in
preparing the unit outcomes for class discussion. You are advised to consult with any
other websites and reference sources in this regard. Some information is included in the
section following the outcomes.
 Outcomes

1. Explain what is meant by a constitution and outline the purpose of the SA

Constitution.
2. Discuss the concept of democracy.
3. Define the Bill of Rights and the limitation of rights.
4. Identify which section of the Constitution deals specifically with workplace rights.
5. Discuss the impact of the Constitution on the Labour Relations Act and on other
workplace legislation.

Additional rights : Section 9: Equality

1. Everyone is equal before the law and has the right to equal protection and benefit of the
law.

Equality includes the full and equal enjoyment of all rights and freedoms. To promote the
achievement of equality, legislative and other measures designed to protect or advance
persons, or categories of persons, disadvantaged by unfair discrimination may be taken.

2. The state may not unfairly discriminate directly or indirectly against anyone on
one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic
or social origin, colour, sexual orientation, age, disability, religion, conscience, belief,
culture, language and birth.

3. No person may unfairly discriminate directly or indirectly against anyone on one or

more grounds in terms of subsection (3). National legislation must be enacted to prevent or
prohibit unfair discrimination.

4. Discrimination on one or more of the grounds listed in subsection (3) is unfair unless
it is established that the discrimination is fair. Section 10: Human dignity,

5. Everyone has inherent dignity and the right to have their dignity respected and
protected

Section 13: Slavery, servitude and forced labour

No one may be subjected to slavery, servitude or forced labour.

Section 14: Privacy

Everyone has the right to privacy, which includes the right not to have

a. their person or home searched;

b. their property searched;

c. their possessions seized; or

d. the privacy of their communications infringed.

Section 17: Assembly, demonstration, picket and petition

Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to

picket and to present petitions.
Section 18: Freedom of association

Everyone has the right to freedom of association.

Section 22: Freedom of trade, occupation and profession

Every citizen has the right to choose their trade, occupation or profession freely.
The practice of a trade, occupation or profession may be regulated by law.

Section 24: Environment

Everyone has the right

a. to an environment that is not harmful to their health or well -being; and

b. to have the environment protected, for the benefit of present and future
generations, through reasonable legislative and other measures that

i. prevent pollution and ecological degradation;

ii. promote conservation; and

iii. secure ecologically sustainable development and use of natural

resources while promoting justifiable economic and social
development.
Section 28: Children

e. to be protected from exploitative labour practices;

Section 32: Access to information

1. Everyone has the right of access to

a. any information held by the state; and

b. any information that is held by another person and that is required for
the exercise or protection of any rights.

Section 36: Limitation of rights

1. The rights in the Bill of Rights may be limited only in terms of law of general
application to the extent that the limitation is reasonable and justifiable in an
open and democratic society based on human dignity, equality and freedom,
taking into account all relevant factors, including

a. the nature of the right;

b. the importance of the purpose of the limitation;

c. the nature and extent of the limitation;

d. the relation between the limitation and its purpose; and

e. less restrictive means to achieve the purpose.

2. Except as provided in subsection (1) or in any other provision of the

Constitution, no law may limit any right entrenched in the Bill of Rights.
 Section 37: States of emergency Non-Derogable Rights

Equality, human dignity, life, freedom from torture and degrading treatment, freedom
from slavery, servitude and forced labour, freedom of children from exploitative labour
practices, rights of children who are detained, right of access to courts, right to remain
silent and to be informed of that right, right not to be compelled to confess or make
statements, right to challenge detention and be released, right to a fair trial.

Source: http://www.info.gov.za/documents/constitution/1996/96cons2.htm#9

UNIT 8 – South African labour law

Introduction

The impact of political, social, economic and technological forces on the employment
relationship has already been explored in this module. In studying the history of labour
relations in South Africa, the dominant role played by legislation in shaping this relationship
has also been examined. Understanding that labour relations should be viewed from an
open systems perspective, it is clear that the impact works both ways – as legislation has
shaped the history of labour relations in this country, so too labour relations legislation and
the resultant practices and paradigms have impacted on the history of this country.

Nel et Al (2008, p103) highlight the importance of the Wiehahn Commission of Enquiry of
1977 as heralding the start of legislative changes in South Africa that were to dramatically
transform the employment relations landscape in South Africa. With the dawning of
democracy in South Africa in 1994 it became imperative to institute a set of labour laws
reflecting the changes evident in the broader socio-political and economic environment.

In this unit the individual employment relationship and the contract of employment will
be discussed. The Employment Equity Act, which is the superior Act amongst all other
labour legislation, will then be introduced. The major provisions of the Labour Relations
Act, regarded as the most important Act regulating the collective dimension of labour
relations, will be explored. Other statutes impacting on both the individual and collective
dimension of employment relations will also be introduced.

Outcomes

1. Discuss common law principles, the contract of employment and the

requirements for contractual validity.
2. Discuss the Employment Equity Act and its overall objective in terms of
transforming workplaces.
3. Identify and discuss the components of the Labour Relations Act.
 4. Discuss the Basic Conditions of Employment Act and its effect to regulate
the right to fair labour practices.
5. Discuss the main functions / objectives of the:
 Occupational Health and Safety Act
 Compensation for Occupational Injuries and Diseases Act
 Skills Development Act
 Unemployment Insurance Act

Activity

Prepare for a class discussion “If I had the final vote at the time would I have
voted for the passing of the Employment Equity Act (No. 55 of 1998)?

UNIT 9 – Workplace agreements and procedures

Introduction

In unit one the student was introduced to employment relations from an open systems
perspective. As such it is regarded as an organisational subsystem and the organisation in
turn is a subsystem of its surrounding environment. Employment relations forms part of
the bigger picture of how organisations operate to deliver products and services aimed at
needs satisfaction. As other aspects of the organisation are managed, such as finance,
operations and marketing, so too must employment relations be managed (Nel, et al, 2008,
p256).

In this unit the focus shifts to the organisational level. There is some coverage on the general
management of employment relations at an organisational level, including an outline of the
management function and the importance of developing labour relations strategy and policy
aligned with overall business strategy. The core focus of this unit is to introduce the student
to key employment relations procedures and practices relating to the handling of grievances,
and dealing with dismissals on the basis of misconduct, incapacity and operational
requirements.
Outcomes

1. Discuss the organisational and bargaining rights of unions in the workplace:

• Define “workplace”.

• Outline the rights granted to unions in the workplace (distinguish between the
rights of sufficiently representative and majority unions)

2. Describe the typical contents of a recognition agreement.

3. Discuss the function of a grievance procedure and outline the process of
filing a grievance.
4. Distinguish between dismissal and automatically unfair dismissal.
5. Discuss disciplinary procedures for misconduct in terms of the following:

Theory of positive discipline Discipline from a holistic perspective

Code of Practice relating to dismissal for • Disciplinary code
misconduct
• Disciplinary penalties

•
Disciplinary enquiries for • Disciplinary procedure
misconduct
6. Discuss enquiries related to incapacity (Code of Good Practice):
• Poor work performance
• Ill-health or injury
7. Discuss dismissals based on operational requirements (Code of Good Practice).

Activity 1
Prepare answers to the following for class discussion:

1. UPUSA v Komming Knitting (1997) 4 BLLR 508 (CCMA), who represented 7

members out of a workforce of 31 (22%) UPUSA has strong influence on
negotiations and financial interest of its members.

(a) Based on this case please state whether this is a sufficiently or a

majority trade union and list the organisational rights of the union.
(b) List the organisational rights UPUSA is entitled to.
(c) Would UPUSA be entitled to disclosure of relevant information for the
purposes of preparing for wage negotiations? Why?
(d) If UPUSA represents 31 workers, how many trade union
representatives is it entitled to elect?
(e) Describe the process for deducting union subscriptions.

2. John X works for a distribution company, XYZ, he is unhappy that he is not

receiving transport to work. His colleagues that work in the Laboratory
department gets transport to work and back. He feels very strongly that he is
entitled to transport to work especially in the winter.

In helping him to resolve the grievance, what steps would you encourage him to
follow, explain the different steps in the grievance process.
3. Distinguish which of the following situations could constitute dismissal and
which could be an automatically unfair dismissal:
(a) Mrs Good, who returns from 3 months maternity leave to find that her
position permanently filled by another person.
(b) Mr Long, who has worked on an annual contract with a company for 6
 years and does not have it renewed in the 7 th year.
(c) Mr Marley, who applied for a position with a company and was told that
he was not selected because he admitted that he is a Rastafarian and
uses dagga as part of his religious beliefs.
4. You are the HR manager at a company. A manager comes to you and says a
subordinate is very cheeky and often talks back to him in front of the team to
make his friends laugh. He often refuses to listen to the manager although he
generally gets his work done. He has now refused to work overtime because he
says “he wants to go home for supper”.
5. Employees are required to work overtime as and when requested as part of
their contract of employment.

On the basis of this information, answer the following questions:

(a) In preparing for a possible enquiry, what steps would you need to take?
(b) Who could be elected to chair the enquiry and what is the role of the
chairperson?
(c) What charge(s) would you lay against the employee?
(d) If the employee is found guilty of the charge, what factors would you
consider in determining his penalty?
6. Many local businesses have been through tough economic conditions that have
forced retrenchments. This has had a bad impact on the region … currently
one of the poorest in South Africa. When embarking on a retrenchment
process, various issues need to be considered to ensure fairness and
transparency. Answer the following questions:
(a) What other alternatives to retrenchment should management consider?
(b) What selection criteria should be used?
(c) What information would need to be disclosed in writing to employees
likely to be retrenched?
(d) What is the BCEA ruling on severance pay?

Activity 2

In groups, develop a “classroom” disciplinary code for students. This code should

outline levels of misconduct, types of misconduct as well as relevant penalties. Refer

to your textbook for assistance in this regard. The code should only be of relevance to

and enforceable in the lecture venues so it should not refer to misconduct outside of

the classroom. You may use other disciplinary codes and information collected

through discussions with fellow students and lecturers to assist you. Your course
facilitator will provide you with more information in this regard.
Note to facilitator : The code could be developed for any other group such as a friendship
group, sports team / club, family, grade 1 classroom, etc.
 UNIT 10 – Strikes and lock-outs

Introduction

The employment relationship is characterised by both adversity and cooperation between

employers and employees and their representatives. These elements form essential parts of
the collective bargaining process. Nel et al (2008, p224) emphasise that althou gh these
parties should strive towards cooperation and the reaching of mutual objectives, they should
also have opportunities to express their differences when necessary. Conflict is regarded as
an inherent and natural part of the relationship and is a direct result of the power struggle
between employees and employers. The forms that this conflict takes when it emerges are
many and varied. It could include strikes and go-slows (organised collective action) or
manifest in more unorganised and individual conflict such as high labour turnover,
absenteeism, grievances and dismissal.

In this unit the student will be introduced to the concept of the strike, the different types
of strikes and explore the reasons why workers strike. The employers’ recourse to lockout
and the different forms of lockout will be explored. A distinction will be made between
protected and unprotected strikes and lockouts, the restriction on the right to strike
within essential and maintenance services and the concept of picketing will be
introduced. Strike facilitators and inhibitors will also be examined.

Outcomes

1. Outline forms of collective action by employees.

2. Define a strike and distinguish between go-slows, overtime bans & primary
strikes (offensive economic, defensive frictional & solidarity building).
3. Discuss the procedural requirements of the right to strike.
4. Discuss the right to strike with regards to essential and maintenance services.
5. Distinguish between protected and unprotected strikes.
6. Outline the requirements for conducting a ballot.
7. Outline the nature and purpose of picketing.
8. Discuss causes of strikes and various strike facilitators and inhibitors.
9. Define the term lock-out and its functions and outline the procedural
requirements to recourse to a lockout.

Activity

Identify an organisation and study its dynamics in terms of employee relations.

Summarise these dynamics and in light thereof please discuss at least six
factors that could act as strike facilitators and inhibitors should a deadlock
again be reached in negotiations.
 UNIT 11 – Employee participation and relationship building

Introduction

The South African employment relations landscape is, despite over 20 years of democracy,
characterised by conflict. This conflict is mirrored in broader society where tensions are
experienced due to inequities, lack of access to resources and a lack of trust between groups
of people and levels of society. These tensions result in ov ert and covert expressions of
conflict which do little to support the notion that South Africa is a democratic country. In
turn the workplace is not always regarded as an inclusive environment in which the voice
and interests of all are heard (or regarded).
An increased participation in and influence on decision-making in the workplace is one
strategy that could be adopted aimed at building communication, trust, understanding and
cooperation. In this unit the concept of employee participation will be introduced and the
objectives thereof explored. Different forms of employee participation and the role of
relationship building in promoting employee participation will be examined.

Outcomes

1. Define employee participation.

2. Discuss the objectives of employee participation.
3. Outline forms of employee participation (direct and indirect).
4. Discuss the role of relationship building in promoting employee participation.

Activity

Prepare for a class discussion on “Interventions to build relationships in the

workplace”. You will have to conduct research in this regard and also draw on
what you may have learnt in other modules.
 ASSIGNMENT EVALUATION FORM

STUDENT NAME: NUMBER:

DUE DATE: TOPIC:

1. ABILITY TO UNDERTAKE RESEARCH

1.1 Tracing and use of relevant material and information 20

related to the topic, including practical research in
industry if applicable.

1.2 Interpretation and reasoning/debating of sources (reflection)

30
evidenced by writing in
your own words and combining the inputs of different
reference sources (journal articles, books, internet,
etc.)

SUBTOTAL 50

2. CONTENT

2.1 Introduction - of main theme(s), subtopics, definition 5

of key concepts, research objectives and how
research will be undertaken.

2.2 Conclusion – summary of main findings and indication of 5

whether research objectives as discussed in the
introduction have been met.

2.3 Logical arrangement (subheadings) – is there a logical 5

flow of the information presented as evidenced in the
contents page and main body of the assignment?

2.3 Contents – does the assignment accurately address 10

the main theme(s) of the assignment and clearly evidence
the research objectives as stated in the introduction?

2.4 Language and style – correct use of language, grammar

and spelling. Has document been checked for spelling 5
errors?

SUBTOTAL 30

3. TECHNICAL CARE
3.1 Title page – name and surname, student number, course 2
name and code, lecturer’s name and due date.

3.2 Table of contents – numbered, page numbers and all 3

headings and subheadings as reflected in the main body.

3.3 Reference technique - correct in-text APA referencing. 6

3.4 Reference list - a comprehensive and correctly laid out and 5

alphabetical reference list.

3.5 Page numbering at bottom of pages. 1

3.6 Overall appearance - neatness, paragraphing, headings,

text justification, no “widows and orphans”, font size, etc. 3

SUBTOTAL 20

TOTAL MARK ALLOCATED 100