Constitutional Rights
Which section of the Constitution guarantees fair labour practices?
Section 23
Can an employer prohibit union membership?
No (Section 5(2)(a) prohibits this).
What is a closed shop agreement?
Requires all employees to join a majority union (Section 26(1)).
What is collective labour law?
Rules regulating unions, employers, and the state.
Name two rights protected under Section 23(2) of the Constitution.
Right to form/join a trade union; right to strike.
Define "employers’ organisation" under the LRA.
Employers associated (binding together) to regulate labour relations (Section 213).
What majority vote is needed for a closed shop?
2/3 in a ballot
Can agency fee deductions be made without employee consent?
Yes.
Which case confirmed that "everyone" in Section 23 includes employers?
NEHAWU v University of Cape Town.
What happens if a Trade Union fails to keep financial records?
Registration may be cancelled.
How does an agency shop differ from a closed shop?
Non-members pay a fee but don’t join the union.
What is Section 22’s constitutional right?
Right to choose a trade/occupation.
Which LRA sections give effect to freedom of association?
Sections 4–10.
Name two requirements for TU/EO registration.
Non-misleading name; constitution meeting LRA standards., not for improper purpose, independent, address in SA
How must the agency fee be used?
For socio-economic employee interests (not general union funds).
Which case ruled that military members lack LRA rights?
SA National Defence Union v Minister of Defence (1999).