MRL3702_ Labour Law_ PORTFOLIO.

MRL3702 - Labour Law. MRL3702_ Labour Law_ PORTFOLIO. LIST FOUR WAYS THROUGH WHICH EMPLOYMENT MAY BE TERMINATED. (8) 2.2.1 Resignation by the employee- The Basic conditions of employment Summary of the Act (BCEA) recognises that employees can resign and terminate their employment contracts by giving the required notice. A resignation happens where an employee clearly and explicitly indicates that she/he no longer wants to continue with the employment relationship.1 2.2.2 Termination on completion of an agreed period or task- A fixed-term employment contract will automatically come to an end when the period agreed upon expires or when the task agreed upon is completed.2 2.2.3 Termination by mutual agreement- The parties to the employment contract may agree to terminate the contract. Since the parties in this instance mutually agree, the employment contract will be terminated irrespective of the length of the notice period originally agreed upon.3 2.2.4 Termination on grounds of impossibility of performance- If it becomes impossible for one party to the employment contract to perform in terms of the contract, the contract comes to an end and no performance is required from either of the parties.4 QUESTION 3 3.1 MILLENNIUM WORKERS ASSOCIATION (‘MWA’), IS A REGISTERED TRADE UNION WITH MEMBERS WITHIN MM BAKERY ‘(MMB’). MWA WANTS TO ACQUIRE CERTAIN ORGANISATIONAL RIGHTS WITHIN MMB, HOWEVER MMB REJECTS THE REQUEST BECAUSE MWA IS A MINORITY TRADE UNION WITHIN THE WORKPLACE. ADVISE MWA ON THE METHODS IT CAN USE TO ACQUIRE ORGANISATIONAL RIGHTS WITHIN MMB EVEN THOUGH IT IS A MINORITY TRADE UNION. (13) 1 McGregor, M & Dekker, AH Labour law rules 3rd edition (Siber Ink CC Cape Town 2017) 169. 2 McGregor, M & Dekker, AH Labour law rules 3rd edition (Siber Ink CC Cape Town 2017) 171. 3 McGregor, M & Dekker, AH Labour law rules 3rd edition (Siber Ink CC Cape Town 2017) 171. 4 McGregor, M & Dekker, AH Labour law rules 3rd edition Siber Ink CC (Cape Town 2017) 171. 6 | P a g e STUDENT NAME : NEERSHA SINGH STUDENT NUMBER : Trade unions acquire organisational rights by Collective agreement which is available to unions regardless of their level of representation, Section 21 process of the Labour Relations Act to available to majority and sufficiently representative unions, Strike action available to minority unions who may not use section 21 and also available to majority or sufficiently representative unions as an alternative to section 21, Membership of a Bargaining Council available to any level of representative union as long as they fall under the scope of a bargaining council. A minority union may strike in support of demand for organisational rights even if it does not meet the statutory threshold for acquiring such rights. Besides the right of a majority trade union5 to appoint representatives6 and right to disclosure of information by employer to enable trade union representative to effectively perform his/her duties as such,7 the incentives for majoritarianism in the Labour Relations Act include the right to enter into a collective agreement setting thresholds of representivity for granting of access, stop-order and trade union leave rights to minority unions (Section 18), right to conclude agency shop and closed shop agreements (Sections 25 and 26), right to apply for establishment of a workplace forum (Section 80 and 81) and the right to conclude collective agreements which bind employees who are not members of union or unions party to agreement.8 Under guise of striving to promote orderly collective bargaining,9 a number of sections of the Labour Relations Act benefit majority unions inordinately, while minority trade unions find themselves faced with insurmountable obstacles that prevent them from being able to engage in collective bargaining. Section 18 of the Labour Relations Act promotes a system of collective bargaining in which the position of majority unions is enhanced while minority unions are marginalised. Section 18 has a particularly detrimental effect on minority trade unions. Minority unions are often faced with a situation where majority trade unions and employers agree to establish a threshold for representativeness in terms of section 18(1) of Labour Relations Act that is unreachable for minority unions.10 Quite clearly this creates a situation where a minority union cannot obtain organisational rights in terms of sections 12 and 13 of the Labour Relations Act.