Access to the Employer’s Premises The main aims of the International Labour Organisation (ILO) are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues. In an effort to achieve its mission, the ILO has developed a concept for the work community otherwise referred to as the decent work agenda. This concept is put into practice through the implementation of the ILO’s four strategic objectives; these being creating jobs, guaranteeing rights at work, extending social protection and promoting social dialogue. It is the last of the above four of the ILO’s strategic objectives which brings me to today’s subject. By this objective, the ILO believes that involving a strong and independent workers’ and employers’ organisations is central to increasing productivity, avoiding disputes at work and building cohesive societies. Section 4(2) of The Industrial Relations Act 2000 (as amended) provides that any person applying or interpreting any provision of this Act must take into account and give meaning and effect to the purposes and objectives of the Act as referred to in Section 4(1) of the Act. Amongst the primary objectives of the Act are to promote freedom of association and expression in labour relations, to protect the right to collective bargaining as well as to ensure adherence to international labour standards. This goes to say when interpreting the provisions of Section 104 of the Act which regulates access to the employer’s premises for Union activities, one should bear in mind the main purposes and objectives of the Industrial Relations Act, not only that, but also the ILO’s strategic objective of promoting social dialogue at the workplace through the establishment of collective bargaining structures. It suffices to quote the provisions of Section 104 of the Industrial Relations Act for the reader. Subsection (1) of that Section provides that “an employer shall not deny to an officer or authorised representative of a trade union or staff association or Joint Negotiation Council such access to the employer’s work premises as is reasonable and necessary for the lawful activities of the trade union, staff association or Joint Negotiation Council as the case may be.” Subsection (2) of the same Section provides that “in granting the access required by subsection (1), an employer may impose any restrictions as to time and place which are reasonable and necessary to avoid undue disruption of operation, or in the interests of safety and it shall not be deemed unreasonable for an employer to refuse permission for a trade union or staff association to hold meetings of its members on the premises of the employer during working hours.” In a nutshell, the right which may be exercised by any office-bearer or official of a trade union entails the following: recruitment of members; communication with members; otherwise serving members’ interests; holding of meetings outside working hours at the employer’s premises; and holding of elections or ballots required by the Union’s constitution at the employer’s premises. It is common cause that a union cannot hope to function unless it can recruit members initially and communicate with them thereafter. It is often difficult for unions to do so unless they can communicate with their members at the workplace. However, the exercise of these rights is subject to any conditions as to time and place that are reasonable and necessary in the interests of safety or to prevent the undue disruption of work. The employer is entitled to prescribe these conditions. Any party aggrieved by an unreasonable refusal and/or an employer’s unreasonable conditions on access to the employer’s premises can approach the Industrial Court which can make an order granting such access subject to conditions as it may deem appropriate. WRITTEN BY: MTHUNZI SHABANGU - SCL
Posted on: Mon, 10 Mar 2014 08:37:53 +0000
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