Written agreement concerning termsconditions of

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Written agreement concerning terms/conditions of employment or any other mutual interest concluded by union and employers organization Disputes referred to CCMA Negotiation Interactive process aimed at striking fair, reasonable and mutually acceptable deal on aspects concerning both parties Deliberate interaction between units attempting to define/refine terms of interdependence Negotiations take place in many different spheres Collective bargaining = negotiation in management labour sphere What are the provisions of the Labour Relations Act 66 of 1995 in terms of picketing? A picket will e protected if: o It is authorized by a registered trade union o It is a peaceful demonstration o It is in support of a protected strike or in opposition to lockout May be held in any public area outside or within employers premises Employer may not withhold picket unreasonably Code of Good Practice: Picketing (General notice 765 in Government Gazette 18857 of 15 May 1998) should be followed What is the definition of dismissal in Section 186 o the LRA? Employee has terminated contract of employment with or without notice Employee reasonably expected employer to renew fixed-term contract of employment on same/similar terms but employer offered to renew at less favorable terms or did not renew Employer refused to allow employee to resume work after maternity leave in terms of law, collective agreement, contract of employment Employer dismissed some employees for same reason and offered to re-employ only some of them Employee terminated contract with or without notice because conditions of employment became intolerable Employee terminated contract with or without notice because conditions of employment became intolerable after company was transferred Under which conditions will a dismissal be considered substantively unfair? Dismissed employee was unaware of rule broken by him/her No clear reason for dismissal Sanction imposed inconsistent with treatment of other employees who committed same/equal offence No consideration for special circumstances Insufficient proof of misconduct Sanction to severe for offence
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4 Expectation of employer unreasonable/unlawful Constitutes victimization Under which conditions would a dismissal be considered procedurally unfair? Employee was unaware of nature of offence Employee not given sufficient and timeous prior notification of disciplinary hearing Employee not given opportunity to state case or call witnesses Employee not allowed to be represented Employee’s case prejudged or chairperson not impartial Right to appeal or demand review not granted Employee not fully informed of reason for decision In case of unfair dismissal, what remedy can be used?
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