dc.contributor.author |
Retief, Jeanne-Mari
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dc.date.accessioned |
2013-04-17T14:04:04Z |
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dc.date.available |
2013-04-17T14:04:04Z |
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dc.date.issued |
2012 |
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dc.description.abstract |
The Minister of Labour may extend collective agreements concluded in bargaining councils to non-parties to the agreements in terms of section 32 of the Labour Relations Act 66 of 1995. The extension of these agreements has long been a cumbersome debate in law and practice. While some argue in favour thereof there are many that argue against it. Non-parties can apply for exemption from these collective agreements, and this is seen as a due remedy, however, the process of applying for exemption can be wrought with inefficiencies. Therefore, the question must be asked whether the employer as a non-party to an extended agreement, has any remedy to its disposal. Section 206 of the Labour Relations Act deals with the effect that a defect or irregularity in a bargaining council can have on the validity of the collective agreement concluded by said council. If the collective agreement is extended to non-parties, and there is a material defect with regard to the collective agreement, this section can provide a due remedy for the non-party, if interpreted and applied correctly. Seen as a clarification for the correct interpretation of section 206 has only recently been addressed in a judgment by Judge Van Niekerk, this article focuses on this interpretation and aims to make certain recommendations with regard to the interpretation of section 206. |
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dc.description.librarian |
am2013 |
en |
dc.description.librarian |
ai2013 |
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dc.description.uri |
http://www.journals.co.za/ej/ejour_obiter.html |
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dc.identifier.citation |
Retief, J-M 2012, 'Paper v practice - examining the scope and limit of section 206 of the Labour Relations Act in providing a remedy for a non-party to an extended collective agreement', Obiter, vol. 33, no. 3, pp. 566-579. |
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dc.identifier.issn |
1682-5853 |
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dc.identifier.uri |
http://hdl.handle.net/2263/21302 |
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dc.language.iso |
en |
en |
dc.publisher |
Faculty of Law, University of Port Elizabeth |
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dc.rights |
Faculty of Law, University of Port Elizabeth |
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dc.subject |
Labour Relations Act 66 of 1965 |
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dc.subject.lcsh |
South Africa. Labour Relations Act, 1995 |
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dc.subject.lcsh |
Labor laws and legislation -- South Africa |
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dc.subject.lcsh |
Collective labor agreements -- South Africa |
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dc.title |
Paper v practice - examining the scope and limit of section 206 of the Labour Relations Act in providing a remedy for a non-party to an extended collective agreement |
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dc.type |
Article |
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