Such employees would be entitled to strike in order

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such employees would be entitled to strike in order to induce their employer to agree to their demands, because they have no contractual right to make such a demand. Conversely, unless the contrary intention appears from the Act, the employer may use the process provided for by the Act to negotiate a change of the conditions of employment of his employee or employees.] It is these disputes of interest, as well as disputes referred to the Labour Commissioner in terms of section 45 of the Affirmative Action (Employment) Act, 1998 (Act No. 29 of 1998) or disputes referred for conciliation by the Minister in terms of section 80(1)(a) or the Labour Court in terms of section 117(2)(a) that parties may refer for conciliation in the prescribed form to – (a) the Labour Commissioner; or (b) any labour office under section 82. What is a Dispute of Right? Labour Act, 1992: A dispute of right on the other hand, is not defined in the Labour Act, 2007 but was defined in section 1 of the repealed Labour Act, 1992 as follows: “any dispute involving legal rights and obligations, including any dispute occasioned by an actual or alleged unfair labour practice, a breach or alleged breach of this Act or of any regulations made under this Act, or a breach or alleged breach of any of the terms of a collective bargaining agreement or contract of employment”. It goes on to define dispute of interest as “any dispute other than a dispute of right”. Labour Act, 2007: The Labour Act, 2007 does not define a dispute of right, but in section 84, it allows parties to refer the following disputes for arbitration: (a) a complaint relating to the breach of a contract of employment or a collective agreement; (b) a dispute referred to the Labour Commissioner in terms of section 46 of the Affirmative Action (Employment) Act, 1998 (Act No. 29 of 1998);
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3 (c) (c) any dispute referred in terms of section 82(16); or (d) (d) any dispute that is required to be referred to arbitration in terms of this Act. Class exercise: (a) First, consider the applicable law – how did the Court distinguish between a dispute of right and a dispute of interest, particularly in the event that the Labour Act, 2007 does not define a dispute of right?
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  • Fall '19
  • Trade union, Labour Court, conciliation

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