Labour Relations Amendment Act 12 of 2002

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12 of 2002

The Labour Relations Amendment Act 12 of 2002 intends:

  • to amend the Labour Relations Act, 1995, so as to provide for:
    • the enforcement of collective bargaining agreements;
    • the extension of the functions of bargaining councils so as to enhance the effective enforcement of bargaining council agreements and to clarify the dispute resolution powers of bargaining councils;
    • the rationalisation of the registration and amalgamation of bargaining councils in the public service and for the resolution of jurisdictional disputes between such bargaining councils;
    • the extension of the information that bargaining councils must supply to the registrar and for the clarification of the registrar's powers in respect of bargaining councils and in respect of registration and winding-up of employers' organisations and trade unions;
    • the extension of the powers of the Commission to make rules concerning procedures;
    • the making of regulations by the Minister concerning representation at the Commission and the charging of fees by the Commission;
    • the making of settlement agreements into arbitration awards or Labour Court orders;
    • the exclusion of the application of the Arbitration Act, 1965, to bargaining council arbitrations;
    • the concurrent appointment of Labour Court judges as High Court judges;
    • the regulation of the right of employees not to be subjected to unfair labour practices;
    • the regulation of the resolution of disputes concerning an occupational detriment in terms of the Protected Disclosures Act, 2000;
    • the clarification and revision of procedures for resolving disputes in respect of dismissals based on the employer's operational requirements;
    • the expediting of the resolution of disputes by the Commission by conciliation or arbitration;
    • the clarification of the compensation that may be awarded in respect of unfair dismissals;
    • the clarification of the transfer of contracts of employment in the case of transfers of a business, trade or undertaking as a going concern;
    • a rebuttable presumption as to who is an employee; and
  • to provide for matters incidental thereto.

Commencement

1 August 2002 (Gazette 23611 of 25 July 2002; Gazette 25515 of 10 October 2003)

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