Nyamazane Construction Company employees seek payment of minimum wages from their employer in terms of a collective agreement. The principle that jurisdiction is determined with reference to the allegations that are set out in the pleadings restates the employees’ claim based on the collective agreement. The legal basis of the employees’ claim is founded on the employer’s non-compliance with the collective agreement and not on a breach of their contracts of employment. The substance of the employee’s complaint is the employer’s failure to pay them the industry minimum wages and bonuses in terms of the collective agreement. Under normal circumstances, employees would have been obliged to follow the dispute resolution process provided for in the collective agreement, but this collective agreement does not provide the dispute resolution process.
In relation to the above scenario, solve the dispute using the procedures to be followed when disputes about collective agreements arise in terms of Section 24 of the Labour Relations Act 66 of 1995.
Answers to the Above Questions on Bargaining
Answer 1: Disputes in relation to collective agreements are required to be solved according to Section 24 of the labour relations act 66 of 1995. The steps are clearly outlined in solving the dispute, and in the given case scenario of Nyamazane construction company, the employees that are asking for payment of minimum wages from the employer on the basis of collective agreement are required to be solved using the step outlined in section 24. The important steps include providing notification to the employer, involving consultation in order to attempt resolution, engaging in mediation followed by conciliation, the arbitration and finally the court proceedings.
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