1997Law Democracy & DevelopmentOpen access

Trade unions and the law: Victimisation and self-help remedies

Jan Theron

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Abstract

Five workers are called in by the general manager: two men, three women. The only obvious things they have in common is that they are socalled Coloureds in a factory where the majority of workers are African. Also they are all known members of a trade union, the Food and Canning Workers Union (FCWU). The timing is significant. After initially being willing to meet with the union, the company is refusing to have anything more to do with it. The union in turn has just applied for the appointment of a conciliation board, in an attempt to utilise the official system to compel the company to negotiate wages with it. The general manager tells the workers they are dismissed. There is no form of enquiry, and no reasons are given. What should the workers do? What should the union advise?

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What this paper is about

Five workers are called in by the general manager: two men, three women. The only obvious things they have in common is that they are socalled Coloureds in a factory where the majority of workers are African. Also they are all known members of a trade union, the Food and Canning Workers Union (FCWU). The timing is significant. After initially being willing to meet with the union, the company is refusing to have anything more to do with it. The union in turn has just applied for the appointment of a conciliation board, in an attempt to utilise the official system to compel the company to negotiate wages with it. The general manager tells the workers they are dismissed. There is no form of enquiry, and no reasons are given. What should the workers do? What should the union advise?

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Available abstract

Five workers are called in by the general manager: two men, three women. The only obvious things they have in common is that they are socalled Coloureds in a factory where the majority of workers are African. Also they are all known members of a trade union, the Food and Canning Workers Union (FCWU). The timing is significant. After initially being willing to meet with the union, the company is refusing to have anything more to do with it. The union in turn has just applied for the appointment of a conciliation board, in an attempt to utilise the official system to compel the company to negotiate wages with it. The general manager tells the workers they are dismissed. There is no form of enquiry, and no reasons are given. What should the workers do? What should the union advise?

Key concepts: Conciliation, Trade union, Negotiation, Factory (object-oriented programming), Law, Cash, Business, Political science

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