Most employers find themselves with employees that have joined a trade union. An employee is entitled to join any trade union of their choice. Most employers are then unsure what impact this has on their business and whether they must recognise the trade union in the workplace and if they should have meetings or consultations with the trade union.
The Labour Relations Act (LRA) stipulates that if a trade union has recruited members in your workplace, it must be sufficiently represented therein or must have majority representation in the workplace, considering the number of union members and those that are not. Further, you will need to consider the sector in which your business operates, whether this sector falls within the trade union’s organising scope as per its constitution and whether the trade union is a registered trade union. Once a Union is sufficiently represented or has majority representation in the workplace, and the requirements are met, will a trade union become entitled to certain rights as contained in sections 12 – 16 of the Act?
Therefore, if the trade union membership reaches the thresholds as contained in the LRA, and both other requirements as mentioned above are met, you must recognise them in your workplace and afford them the specific rights in line with the percentage of membership held.
Should a company refuse to recognise the trade union after they have met the requirements, a dispute can be submitted to the CCMA, which may lead to strike action.
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