Indian Journal of Industrial Relations: Economics & Social Dev.

Rene Huyser ¹, Paul Smit ²

Affiliations
1 Tshwane University of Technology, Pretoria, ZA
2 Department of Human Resource Management, University of Pretoria, ZA

Abstract

Concepts like social justice, human rights, fair treatment, and equality have become part of a universal language. A generic social justice framework is proposed here. This framework promotes the development of social justice indicators. It cumulatively reveals a tangible score-card capable of measuring and comparing social justice allegiance inherent to any particular legal doctrine. The paper reveals the possibility of customising this framework to measure social justice compliance in dismissal protection. The Social Justice Score-card provides a quantitative measuring instrument to assess qualitative data on social justice ideology. This instrument exhibits significant potential for the assessment and promotion of social justice relating to employment legislation in general and dismissal protection, specifically within any particular domestic jurisdiction.

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Paul Smit ¹

Affiliations
1 Department of Human Resource Management, University of Pretoria South Africa, ZA

Abstract

In the era of globalization and regional economic treaties trade unions have not involved in a significant debate about what can be done to react. Most trade unions still follow their own historical approach and strategies. If employers can operate freely across national borders through multi-national companies, the trade unions cannot just function within their own national jurisdictions. A new collective interest would be the starting point for a transnational role of trade unions. Globalization and regionalism have altered the balance of power between capital and labor to the disadvantage of labor. This article explores whether the trade union movements within SADC are actively playing a role in combating the effects of regional globalization on labor.

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Leslie Kgapola ¹, Paul Smit ²

Affiliations
1 Labor Relations Management, University of Pretoria, ZA
2 Department of Human Resource Management, University of Pretoria, ZA

Abstract

The right to belong to a trade union is contained in ILO Core Convention 87 on Freedom of Association. Employees join trade unions for different reasons and motivations and they in return expect certain services and support from the trade unions. Unions are service organizations and they must satisfy their members by providing good services. The quality of services and benefits offered by trade unions to their members must lead to member satisfaction, as satisfied and committed members are more likely to participate in union activities. This research revealed that even though there seems to be reasonably high level of commitment from union members, about 40% of union members are not satisfied or neutral.

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Paul Smit ¹

Affiliations
1 School of Industrial Psychology and Human Resource Management, North West University, ZA

Abstract

Globalization and a transnational labor environment impact on the employer’s ability to regulate or manage labor from different countries. They directly also impact on the ability of trade unions to conclude collective agreements.The question is: whether the process of concluding International Framework Agreements (IFAs) cannot be used as an alternative process for collective bargaining on transnational level and in this way contribute towards a more integrative bargaining? IFAs have created an additional collective bargaining mechanism which can be expanded to incorporate other issues that form the basis of plant level negotiations. IFAs can take the sting or bite out of plant level negotiations as the parties already are in agreement on basic principles and standards.

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Paul Smit ¹

Affiliations
1 School of Industrial Psychology and Human Resource Management, North West University, ZA

Abstract

Apartheid labor legislation denied Black workers not only basic employee rights on an individual level but the collective labor rights also. The Constitution adopted in 1994 included a universal Bill of Rights and section 23 provides for specific labor rights that include collective labor rights. The 1995 Labor Relations Act provides for specific collective labor rights. This new era of collective labor law could be given effect to in practice only by the juris prudence developed by our labor courts by their application and interpretation of the Bill of Rights and the labor rights. This article examines the impact of the Constitution and the role of the courts in the development of collective labor law in South Africa.

Keywords

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