Minister Batshu trade labour laws

Lerato Maleke | Friday August 8, 2014 15:07

 

He further said after organising the employees of National Food Technology Research Centre (NFTRC) IN March 2009, the trainers and Allied Workers Union (TAWU) applied for recognition, to the management of NFTRC. He said the employer did not grant the trade union recognition because management insisted it did not meet the threshold as stipulated by the law.

Batshu stated that TAWU referred the matter to the industrial court for relief. The court directed the Commissioner of Labour, through a court order dated July 31 2012, to appoint a mediator to determine whether employees of NFTRC who are members of TAWU make amends to meet the threshold. A Commissioner of Labour appointed a mediator on January 28th 2013.

The minister also explained that the mediator heard the dispute and issued an Advisory Award in terms of Section 8(5) (g) of the Trade Disputes Act on April 2nd 2013, whereupon the mediator was satisfied that the employees of NFTRC met the threshold of one-third as prescribed by the law. “He gave the employer seven days to comply with the award as directed by the industrial court. The management of NFTRC appealed the decision of mediator to the industrial court. The case has still not been scheduled for hearing by the court,” he said.

Batshu pointed out that it is a requirement in terms of section 32(3) of the Trade Disputes Act that within 30 days of receipt of an application from a trade union an employer must notify the trade union whether it grants it recognition or not.  He also stated that section 32 (7) of the Trade Disputes Act, if there is a dispute concerning whether a Trade Union represents at least one-third of the employees of an employer, the Industrial Court may direct the assigned mediator to conduct a ballot to determine the dispute. “While the matter has taken quite some time to be resolved, it is important that all the legal requirements should be fulfilled.

Batshu was responding to MP Kesupile’s who had asked whether Batshu was considering relocating industrial courts to the Administration of Justice, which has more capacity, in order to improve service delivery and case management. He also enquired the cause of delay in concluding unionisation at NFTRC. Kesupile also wanted to know if there are measures in place to facilitate workers freedom of association in line with Ratified Fundamental Conventions (Conventions 87 an 98) of the ILO, on freedom of association.

Batshu stressed that there are no plans to relocate the Industrial court to the Administration of Justice because it is established specifically for the settlement of trade disputes and maintaining harmonious industrial relations in the country.

He also pointed out that following the ratification of the International Labour Organisation (ILO) conventions No. 87 and 98 on freedom of association the right to organise and collective bargaining; labour laws were amended to incorporate the provisions of these conventions, citing the Trade Disputes Act and Public Service Act. “These laws also provide remedies for non-compliance, which include the resolution of disputes arising out of their implementation,” he said. Batshu said his ministry continues to conduct workshops for employers and employees in order to improve better understanding of the requirements of labour laws, including the obligations of the affected parties,” he said.