Tag archives: collective agreements

Majoritarianism: binding minority unions to collective agreements remains constitutional

The extension of collective agreements to minority union members based on the principle of majoritarianism does not unreasonably limit the constitutional right to strike. In Association of Mineworkers and Construction Union and others v Chamber of Mines of South Africa and others [2017] 7 BLLR 641 (CC).  The Chamber of Mines on behalf of various … Continue reading

Lock out notices may also be issued to unions not party to wage negotiations

This article was written by Lara Kerbelker, an Associate at Norton Rose Fulbright South Africa On 6 May 2015, the Labour Appeal Court handed down judgment in Putco v TAWUSA, which has significant implications for collective labour law in South Africa. A collective agreement, and therefore lock-out notices, extend to bind unions who are not … Continue reading