Transcript TOPIC 4 ADS 465 Rights

TOPIC 4
RIGHTS AND RESPONSIBILITIES OF EMPLOYERS,
EMPLOYEES AND THEIR TRADE UNIONS (THE
INDUSTRIAL RELATIONS ACT 1967)
UPON COMPLETING THIS TOPIC, STUDENT
SHOULD BE ABLE TO:
• Explain the rights of employers, employees and
their trade unions under this Act.
• Describe the responsibilities of these parties
under this Act.
• Elaborate on the term managerial prerogatives.
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4.0 INTRODUCTION
The IRA 1967 accords employers as well as employees several
rights and at the same time imposes several responsibilities on
them.
4.1 RIGHTS
Rights refer to something entitled or protected.
Part II accords employers and employees the following rights, namely: (1) the rights to form, to assist in the formation of, to join a trade union
and to participate in its lawful activities. (Sec. 4(1), IRA)
(2) the rights to establish, to function or to administer a trade union.
(Sec. 4(2), IRA)
(3) the right to be free from any influence or control by an employer or a
trade union of employers through financial support or other means.
(Sec. 4(3), IRA).
• * Each right is qualified and none of them are absolute (determined
by both IRA and TUA)
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4.2 RESPONSIBILITIES
Responsibilities refer to the duties that
must be fulfilled.
• Part II imposes various responsibilities on
employers and employees, as well as their
trade unions.
• Some responsibilities are general in
character, while others are specific (= 2
types of responsibilities).
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4.2.1 GENERAL RESPONSIBILITIES
The responsibilities imposed on both parties are implicit in the
prohibitions outlined in Sec. 4 (2) and (3), IRA namely: 1. the prohibition against :
– any interference with, or
– any restraint or coercion in respect of,
– the exercise of the rights given to employers or workmen, by
any person;
2. the prohibition against any interference with:
– the establishment or the administration or
– the functioning of a trade union, whether by an employer
union of by workmen’s union; and
3. the prohibition against :
– the giving of any support (financial or otherwise) to a
workmen’s union by an employer or
– an employer union, (where the object of giving the support is
to place the workmen’s union under the control or the
influence of the employer or the employer union).
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4.2.2 SPECIFIC RESPONSIBILITIES
•
Part II also imposes specific
responsibilities on both parties and their
trade unions.
i. The responsibilities are implicit in the
Sec. 5 (as the Employer Prohibited Acts)
and,
ii. Sec. 7 (as the Employees Prohibited
Acts).
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4.2.2.1 The Employer Prohibited Acts
Employers and their trade unions are prohibited by Sec.
5 (1), IRA from the following:1. imposing a condition in a contract of employment
which restraints:
– the right of a person to join,
– or to continue to be a member of a trade union;
2. refusing to employ a person because
– he is,
– or he is not, a member or an officer of a trade
union;
3. discriminating against a person as regards
employment or
promotion or any condition of
employment or working
conditions because
– he is, or
– is not, a member or an officer of a trade union;
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The Employer Prohibited Acts
(cont’d)
4. dismissing a workman or injuring him in his employment
or altering his position to his prejudice (or threatening
to do so) because :
– the workman wishes to become a member or an
officer of a trade union, or because
– he participates in the promotion or formation or the
activities of one; and
5.
inducing a person:
– not to become or
– stop being a member or an officer of a trade union
by conferring or by procuring any advantage on for any
person (or offering to do so).
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The Employer Prohibited Acts … cont’d
However, Sec. 5 (2) IRA which acts as a provisio to Sec.
5 (1) clarifies that an employer is not prohibited from: 1. refusing to employ a person, or promote a workman,
for proper cause; or
2. transferring, laying-off, suspending, or discharging a
workman, for proper cause; or
3. restraining a workman occupying a managerial
position from being or becoming a member or an officer
of a trade union catering for workmen not occupying
managerial positions; or
4. restraining a workman employed in a confidential
capacity in matters relating to staff relations from being
or becoming a member or an officer of a trade union.
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The Employer Prohibited Acts … cont’d
•
i.
ii.
iii.
iv.
In addition, Sec.59, IRA makes it an offence for employers ‘…to
dismiss a workman, or to injure or threaten to injure him in
his employment, or to alter or to threaten to alter his
position to his prejudice because, the workman: is, or proposes to become an officer or member of :
– a trade union or
– of an association that has applied to be registered as a
trade union;
is entitled to the benefit of a collective agreement or an
award (of the Industrial Court)
has appeared or proposes to appear as a witness or,
– has given or proposes to give any evidence in any
proceeding under this Act;
is being a member of a trade union which is seeking to
improve working conditions, (is dissatisfied with such
working conditions);
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The Employer Prohibited Acts … cont’d
v.
is a member of a trade union :
– which has served an invitation (to bargain) under Sec 13 or
– which is a party to a negotiation under this Act or to a trade
dispute which has been reported to the Minister in accordance with
the Part V or Part VII;
vi. has absented himself from work without leave for the purpose of
carrying out his duties or exercising his rights as an officer of a
trade union where:
– he applied for leave in accordance with Sec.6 before he
absented himself and
– leave was unreasonably deferred or with held; or
vii. is being a member of a panel appointed under Sec.21:
– has absented himself from work for the purpose of performing
his functions and duties as a member of the Industrial Court and
– has notified the employer before he absented himself.
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The Employer Prohibited Acts … cont’d
Furthermore, Sec. 6, IRA requires employers to grant all written
applications for leave or absence made by workmen who are;
officers of trade unions, and who intend to the leave applied to carry
out their duties or to exercise their rights as such officers, if: i. the application specifies the duration of an the purpose for which the
leave is applied for, and.
ii. the duration specified is no longer than what is reasonably required
for the specified purposes.
However, a workman / an officer is not entitled to leave with pay for
the duration of his absence if the purpose for which he was absent
has nothing to do with his employer.
Finally, Sec.20, IRA restricts employers from arbitrarily dismissing
workmen lacking the protection afforded by union membership.
– This Section enables such workman to make representations in
writing to the DGIR to be reinstated in his former employment.
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4.2.2.2 The Workman Prohibited Acts
Workmen and their trade unions are prohibited by Sec.7, IRA
from: 1. persuading (convincing) workmen to join or not to join a
trade union (without employer’s consent, at his place of
business and during working hours);
– however, this prohibition does not apply in cases where the
persuading in done by a workman who is employed in the
same undertaking, and in manner which does not interfere
with his normal duties);
2. intimidating (frightening / making timid / discouraging by
threats etc) a person to become or not to become, or to
continue to be or to stop being, a member or an officer of a
trade union; and
3. inducing (using influence on) a person not to become or
stop being a member or an officer of a trade union
– by conferring or by procuring any advantage on or for any
person (or even offering to do so).
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Discussion Questions:
1. Explain the terms persuasion, intimidation and
inducement under the Industrial Relations Act
1967.
2. Explain on the specific responsibilities imposed
on employers and employees as stipulated in the
Industrial Relations Act, 1967.
3. Elaborate on the provision under Sec. 20
Industrial Relations Act 1967.
4. Comment on the provision under Sec.59,
Industrial Relations Act,1967.
5. Explain any FOUR (4) intimidating behaviour as
stipulated in the Industrial Relations Act,1967.
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