Thesis ...

Thesis ...

The Constitution of the Republic of South Africa6 (hereinafter the Constitution) gives everyone the right to fair labour practices.7 The Labour Relations Act8 (hereinafter the LRA) regulates the relationship between employers and employees as well as the relationship between employers and trade unions. These labour relations are quite extensively regulated by statutory measures. The same can unfortunately not be said about the relationship between a trade union and its members. Because a trade union is a legal entity, a trade union is controlled and managed by certain functionaries like any body corporate. The management structures of the trade union are defined in the trade union’s constitution. A trade union can not perform any legal functions which are not provided for in the trade union’s constitution. 9 The trade union’s constitution states the nature of the relationship between the union and its members.10 Workers join trade unions in order to protect themselves and their rights in the workplace. An expectation is therefore cultivated by the members that the trade union, through its representative power and mandate to act on behalf of the members, will do so in the best interest of the members. The disruption of the relationship can have negative implications for the trade union. In this study, relevant case law will be sited to explain the contents of the legal responsibility of a trade union to its members. The specific focus of the study is the legal responsibility of a trade union if its members would suffer pecuniary loss or harm as a result of the trade union’s actions. The purpose of this study is to discuss the regulation of the relationship between a trade union and its members in South Africa and to find a solution for the fragmented regulation or non-regulation thereof. The authority that a member grants to a trade union, mostly in the form of a contract, involves the expression of the will of the members that the trade union has the necessary power to perform judicial acts on its behalf. The discussion is limited to the actual authorization originated by a contract of mandate between a trade union and its members. In terms of the common law’s contract of mandate a representative is obliged to perform his orders with care and diligence, convey information, to act in good faith and to account for his actions. There are no statutory measures that regulate the nature of the legal relationship between a trade union and its members provided for in the trade union’s constitution. This study discusses the regulatory challenges that the regulation of the relationship between a trade union and its members in South Africa are facing, and some recommendations are made with regards to the possible application of existing legislation and the common law contract of mandate. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

The general objective of this study was to explore and investigate employee participation within an engineering support services company. Attention was therefore given to the opinions and perceptions of employees and managers regarding employee participation as well as the relationship between employee participation and employees’ union membership. To conduct this study a qualitative and quantitative research design was adopted. In order to examine employees and managers’ opinions and perceptions, semi-structured one-on-one interviews were conducted with participants. Six employee participation themes were identified as well as various sub-themes. Self-developed group administrative questionnaires were also utilised to determine the relationship between employee participation and union membership. The study found that employees and managers attach positive opinions and perceptions towards employee participation therefore leading to positive participation outcomes. In exploring the relationship between employee participation and union membership it was found that 87.1% of the employees in the company did not belong to a union. It was also found that there is a statistical significance relationship between employees’ race and their tendency to join a union (0.068). Employees also indicated that they will join a union if co-management and self-management (as forms of employee participation) is not present in their organisation; with a statistical significance of 0.016 and 0.068. Information presented in this study can be used to develop effective employee participation strategies as well as assist in implementing these strategies. / Thesis (MCom (Labour Relations Management))--North-West University, Potchefstroom Campus, 2013.

The Constitution of the Republic of South Africa6 (hereinafter the Constitution) gives everyone the right to fair labour practices.7 The Labour Relations Act8 (hereinafter the LRA) regulates the relationship between employers and employees as well as the relationship between employers and trade unions. These labour relations are quite extensively regulated by statutory measures. The same can unfortunately not be said about the relationship between a trade union and its members. Because a trade union is a legal entity, a trade union is controlled and managed by certain functionaries like any body corporate. The management structures of the trade union are defined in the trade union’s constitution. A trade union can not perform any legal functions which are not provided for in the trade union’s constitution. 9 The trade union’s constitution states the nature of the relationship between the union and its members.10 Workers join trade unions in order to protect themselves and their rights in the workplace. An expectation is therefore cultivated by the members that the trade union, through its representative power and mandate to act on behalf of the members, will do so in the best interest of the members. The disruption of the relationship can have negative implications for the trade union. In this study, relevant case law will be sited to explain the contents of the legal responsibility of a trade union to its members. The specific focus of the study is the legal responsibility of a trade union if its members would suffer pecuniary loss or harm as a result of the trade union’s actions. The purpose of this study is to discuss the regulation of the relationship between a trade union and its members in South Africa and to find a solution for the fragmented regulation or non-regulation thereof. The authority that a member grants to a trade union, mostly in the form of a contract, involves the expression of the will of the members that the trade union has the necessary power to perform judicial acts on its behalf. The discussion is limited to the actual authorization originated by a contract of mandate between a trade union and its members. In terms of the common law’s contract of mandate a representative is obliged to perform his orders with care and diligence, convey information, to act in good faith and to account for his actions. There are no statutory measures that regulate the nature of the legal relationship between a trade union and its members provided for in the trade union’s constitution. This study discusses the regulatory challenges that the regulation of the relationship between a trade union and its members in South Africa are facing, and some recommendations are made with regards to the possible application of existing legislation and the common law contract of mandate. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

The general objective of this study was to explore and investigate employee participation within an engineering support services company. Attention was therefore given to the opinions and perceptions of employees and managers regarding employee participation as well as the relationship between employee participation and employees’ union membership. To conduct this study a qualitative and quantitative research design was adopted. In order to examine employees and managers’ opinions and perceptions, semi-structured one-on-one interviews were conducted with participants. Six employee participation themes were identified as well as various sub-themes. Self-developed group administrative questionnaires were also utilised to determine the relationship between employee participation and union membership. The study found that employees and managers attach positive opinions and perceptions towards employee participation therefore leading to positive participation outcomes. In exploring the relationship between employee participation and union membership it was found that 87.1% of the employees in the company did not belong to a union. It was also found that there is a statistical significance relationship between employees’ race and their tendency to join a union (0.068). Employees also indicated that they will join a union if co-management and self-management (as forms of employee participation) is not present in their organisation; with a statistical significance of 0.016 and 0.068. Information presented in this study can be used to develop effective employee participation strategies as well as assist in implementing these strategies. / Thesis (MCom (Labour Relations Management))--North-West University, Potchefstroom Campus, 2013.

Employee organizations or trade unions play an important role in the labour relations of various institutions. A crucial function, amongst others, fulfilled by trade unions is their involvement on issues of grievance and disciplinary procedures in the workplace. This study aims to understand the perceptions of rank and file union members, particularly regarding the handling of grievance and disciplinary procedures. The study examines the understanding of the functioning of a union, as well as the approach of a union in representing its members during grievance and disciplinary procedures. In particular, the study looks at the challenges faced by the leadership of the union in dealing with the management of an institution during grievance and disciplinary procedures. Various circumstances which, lead to the lodging of grievances and the scheduling of disciplinary hearings in the workplace were observed. These circumstances could occur in any workplace of any given institution. It is for this very reason that the appropriate measures should be taken in resolving disputes. The measures should be followed and applied by the management of an institution when dealing with grievance and disciplinary procedures regarding its employees. Such procedures must be followed before an employee may be given a warning or be dismissed. Recognized unions represent their members during such proceedings. This study analyzes the understanding of labour relations, regarding issues of grievance and disciplinary procedures, as applied to a tertiary institution. The handling of these procedures and the experiences of union members, during their representation by a union, are assessed. Due to the diversity of scope and the composition of unions (representing both academic and non-academic staff members) which operate in a tertiary institution, the study was limited to one labour union. This research was conducted within the structure and scale of a single union (NEHAWU) operating in an institution. The study found that union representatives faced particular challenges while defending their members during disciplinary hearings. These challenges are apparent when union representatives are confronted by legal experts on labour matters. Union members expressed their dissatisfaction and their lack of confidence in their representatives during grievance and disciplinary proceedings. The union members rated the union poorly, particularly regarding the leadership of the union. They felt that more cases were lost than won. However, despite the low ratings, union members (in general) felt strongly about the right to belong to a union, believing that disciplinary processes were largely affected by “race”. This is simply because most of the union members were black subordinates serving under most white supervisors. AFRIKAANS : Werknemerorganisasies of vakbonde speel ’n belangrike rol in arbeidsverhoudinge in verskeie instellings. ’n Kritieke funksie, onder andere, wat deur vakbonde vervul word is hul betrokkenheid by griewe- en dissiplinêre prosedures in die werkplek. Hierdie studie beoog om die persepsies van gewone vakbondlede, in besonder met betrekking tot die hantering van griewe- en dissiplinêre prosedures te begryp. Die studie ondersoek die begrip van die funksionering van ’n vakbond, asook die benadering van ’n vakbond in die verteenwoordiging van lede tydens griewe- en dissiplinêre prosedures. In besonder, word die uitdagings wat die vakbondleierskap in die gesig staar in die oorlegpleging met bestuur tydens griewe- en dissiplinêre prosedures, oorweeg. Verskeie omstandighede wat tot die oplegging ’n grief en die skedulering van ’n disiplinêre verhoor in die werkplek, lei, is waargeneem. Hierdie omstandighede kan by enige werkplek in enige instelling ontstaan. Dit is om hierdie rede dat gepaste maatstawwe geneem moet word om sulke dispute op te los. Die maatstawwe behoort gevolg en toegepas te word deur die bestuur van die instelling wanneer griewe- en dissiplinêre prosedures, met betrekking tot werknemers, hanteer word. Sulke prosedures behoort gevolg te word voordat ’n werknemer ’n waarskuwing gegee of ontslaan word. Erkende vakbonde verteenwoordig hul lede tydens sulke prosedures. Die studie ontleed die begrip van arbeidsverhoudinge, met betrekking tot griewe- en dissiplinêre prosedures, soos deur ’n tersiêre instelling toegepas word. Die hantering van hierdie prosedures en die ervaringe van vakbondlede gedurende hul verteenwoordiging deur die vakbond word geasseseer. As gevolg van die omvang van reikwydte en die samestelling van vakbonde (wat beide akademiese en nie-akademiese personeel verteenwoordig) wat in die tersiêre instelling funksioneer, is die studie beperk tot een vakbond. Die navorsing is onderneem binne die struktuur en skaal van ’n enkele vakbond (NEHAWU) wat in die instelling werksaam is. Die studie het bevind dat vakbond verteenwoordigers bepaalde uitdagings in die gesig gestaar het in die verteenwoordiging van hul lede tydens dissiplinêre verhore. Hierdie uitdagings is duidelik wanneer die vakbond verteenwoordiger gekonfronteer word deur regskenners oor arbeidsaangeleenthede. Vakbondlede het hul misnoeë uitgespreek en min vertroue in hul verteenwoordigers tydens griewe- en dissiplinêre prosedures geopper. Vakbondlede het die unie, in besonder die leierskap, as swak beoordeel. Hulle voel dat meer sake verloor as gewen is. Ten spyte van hierdie lae taksering, voel vakbondlede sterk oor hul reg om aan ’n unie te behoort (in die algemeen), en glo hulle dat dissplinêre prosesse deur ‘ras’ beïvloed word. Dit is eenvoudig omdat meeste vakbondlede swart ondergeskiktes is wat onder wit toesighouers werk. Copyright / Dissertation (MSocSci)--University of Pretoria, 2013. / Sociology / unrestricted

AFRIKAANS : Vakbondverteenwoordigers se rol en invloedsmag het die laaste dekade in die werkplek toegeneem. In hierdie navorsing is daar bepaal watter invloed die vakbondverteenwoordiger op die bestuur van die skool het. Die menings van skoolhoofde en vakbondverteenwoordigers in dieselfde skool is getoets. Deur middel van kwalitatiewe navorsing is 'n groep skoolhoofde, wat die bestuurspan van hul skole verteenwoordig, se menings verkry oor die invloed van vakbondverteenwoordigers op die bestuur van die skool. Aspekte soos beplanning, aanstellings, stakings en ander bestuurselemente is in die onderhoude ontleed. ʼn Verskeidenheid van reaksies is van die respondente verkry oor die vakbondverteenwoordigers se leierskapsrolle, die verkiesing en opleiding van verteenwoordigers asook hulle rol en funksie as maatskaplike ontwikkelaars. Die menings van vakbondverteenwoordigers by dieselfde skole is ook verkry oor beplanning, aanstellings, stakings en ander bestuurselemente. Die verteenwoordigers van verskeie artikel 21-skole het hulle eie funksies ten opsigte van sosiale dialoog beoordeel. Die inligting van elke skoolhoof en die ooreenstemmende vakbondverteenwoordiger kon met mekaar vergelyk word om die geldigheid en betroubaarheid van die navorsing te bevestig. Die rol en funksie van die vakbondverteenwoordiger oor die wêreld heen het ʼn nuwe kleur begin kry. Waar vakbondverteenwoordigers in die verlede die draers was van inligting vanaf die hoofkantoor, het hul rol verander na dié van sosiale dialoog. Die verteenwoordiger bevind hom/haar in die rol van bestuurder, beplanner en leier. Hierdie rol van die vakbondverteenwoordiger beïnvloed die bestuur van die skool. Die vakbondverteenwoordiger se invloed kan tweeledig opgesom word: hy/sy kan die stimuleerder wees, wat die bestuur van die skool help om doelwitte te bereik, of die verteenwoordiger kan die inhibeerder wees wat die bestuur van die skool rem. By die Internasionale Arbeidskongres in Lima, Peru, in 2006 is die nuwe era en rigting van die vakbondverteenwoordiger deur verskeie bekende arbeidskonsultante uitgewys. Van die aspekte, soos om deel te word van bestuur en sosiale dialoog, is aan die orde van dié era. Die vakbondverteenwoordiger het invloed op die bestuur van die skool en kan die sosiale dialoog van mede-personeel, ouers en leerders beïnvloed. ENGLISH : The role and extent of the influence of shop stewards in the workplace has increased over the past decade. This research study has attempted to determine what influence is exercised over a school’s management by the Shop steward. The opinions of the heads of schools and those of the shop stewards at the same schools were surveyed. By means of qualitative research methods, the opinions of a group of headmasters representing the management teams of their schools were obtained in regard to the influence of shop stewards on the school. Aspects such as planning, appointments, strikes and other management elements were analysed in interviews. Diverse opinions were expressed by the respondents about the leadership roles of the shop stewards, the election and training of representatives and their role and function as social developers. The shop stewards at the same schools were also asked for their views about planning, appointments, strikes and other elements of management. The representatives of several Section 21 schools evaluated their own functions in respect of social dialogue. Information obtained from each headmaster and their respective shop stewards could be compared to confirm the validity and trustworthiness of the research. The roles and functions of shop stewards are changing all over the world. Where shop stewards were formerly transmitters of information received from head office, their role has evolved into one of social dialogue. The shop steward now finds him-/herself in the role of manager, planner and leader. The shop steward’s role affects the management of the school. This influence is twofold: he/she can be a stimulator, helping the school’s management to achieve objectives, or an inhibitor who has a retardant effect on the school’s management. At the International Labour Congress in Lima, Peru, in 2006, the new era and direction of the shop steward were highlighted by several eminent consultants. Aspects such as active participation in management and social dialogue are predominant in this era. The shop steward influences the management of the school and can affect the social dialogue of fellow staff members, parents and learners. Copyright / Dissertation (MEd)--University of Pretoria, 2009. / Education Management and Policy Studies / unrestricted

Protective, as well as punitive legal measures applicable to education, are embedded in various acts. Despite these legal measures, incidences of educator misconduct occur at schools and often go unpunished. The implied situation, namely that the legal measures are not applied correctly, as well as the effect that educator misconduct has on educator security, is a cause for concern. This study is embedded in Education Law as the subject area and aimed to determine the effect of educator misconduct on educator security. Factors contributing to the phenomenon of non-punishment of educator misconduct were also investigated and determined. By utilising a qualitative research design and participants from a specific geographical area, a variety of findings have been made. The most important finding is that particular instances of educator misconduct has a detrimental effect on educator security which manifests on the physical as well as psychological levels of the participants in this study. Educator misconduct not only impacts educator security, but may also lead to a dysfunctional equilibrium, rendering schools ineffective. Some reasons for not applying legal measures include an unacceptably low standard of legal knowledge among employees, union involvement, ubuntu and the tribal hierarchy system. These reasons have, however, been found to be perfunctory. The deep-seated reason can be attributed to the quest for modernisation. Not all societies have fully modernised and rural societies, in particular, are still trapped in a transition period. The expectancy levels for service delivery and professionalism in these societies are low, thus contributing to educators‟ misconduct and unprofessional behaviour. / MEd (Education Law), North-West University, Potchefstroom Campus, 2015

Protective, as well as punitive legal measures applicable to education, are embedded in various acts. Despite these legal measures, incidences of educator misconduct occur at schools and often go unpunished. The implied situation, namely that the legal measures are not applied correctly, as well as the effect that educator misconduct has on educator security, is a cause for concern. This study is embedded in Education Law as the subject area and aimed to determine the effect of educator misconduct on educator security. Factors contributing to the phenomenon of non-punishment of educator misconduct were also investigated and determined. By utilising a qualitative research design and participants from a specific geographical area, a variety of findings have been made. The most important finding is that particular instances of educator misconduct has a detrimental effect on educator security which manifests on the physical as well as psychological levels of the participants in this study. Educator misconduct not only impacts educator security, but may also lead to a dysfunctional equilibrium, rendering schools ineffective. Some reasons for not applying legal measures include an unacceptably low standard of legal knowledge among employees, union involvement, ubuntu and the tribal hierarchy system. These reasons have, however, been found to be perfunctory. The deep-seated reason can be attributed to the quest for modernisation. Not all societies have fully modernised and rural societies, in particular, are still trapped in a transition period. The expectancy levels for service delivery and professionalism in these societies are low, thus contributing to educators‟ misconduct and unprofessional behaviour. / MEd (Education Law), North-West University, Potchefstroom Campus, 2015