The Rights Granted to Trade Unions under the Companies Act 71 of 2008
DOI:
https://doi.org/10.17159/1727-3781/2013/v16i3a2365Keywords:
Companies Act 17 of 2008, Trade unions, Labour Relations Act 66 of 1995, Organisational rights, Business rescueAbstract
With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the workplace. It is argued that rights afforded to trade unions by the act ought to be granted only to trade unions that are registered in terms of the Labour Relations Act 66 of 1995. In addition, it is also argued that the Companies Act 71 of 2008 ought in principle to differentiate between rights that are granted to registered trade unions representing employees at the workplace and rights that are granted to registered majority trade unions, or at the least to sufficiently representative trade unions.
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Bader Bop (Pty) Ltd v NUMSA 2002 2 BLLR 139 (LAC)
Kalil v Decotex (Pty) Ltd 1988 2 All SA 159 (A)
NUMSA v Bader Bop (Pty) Ltd 2003 2 BLLR 103 (CC)
OCGAWU v Volkswagen SA 2002 23 ILJ 220 (CCMA)
SACTAWU v Sheraton Textiles (Pty) Ltd 1997 18 ILJ 1421 (CCMA)
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Companies Act 61 of 1973
Companies Act 71 of 2008
Companies Amendment Act 3 of 2011
Labour Relations Act 66 of 1994
Protected Disclosures Act 26 of 2000
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GN R351 in GG 34239 of 26 April 2011
Proc 32 in GG 34239 of 26 April 2011
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Copyright (c) 2017 Heidi C Schoeman
This work is licensed under a Creative Commons Attribution 4.0 International License.
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