Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Why are there so few minimum service level agreements? A case study of a metropolitan municipality.
In terms of the South African Constitution, every worker has the right to strike. This right is regulated in the Labour Relations Act. Workers engaged in essential services are prohibited from striking. The prohibition does not apply if a minimum service level agreement, guaranteeing services in the...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2020
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867611325224452096 |
|---|---|
| access_status_str | Open Access |
| author | Ronnie, Roger |
| author2 | Godfrey, Shane |
| author_browse | Godfrey, Shane Ronnie, Roger |
| author_facet | Godfrey, Shane Ronnie, Roger |
| author_sort | Ronnie, Roger |
| collection | Thesis |
| description | In terms of the South African Constitution, every worker has the right to strike. This right is regulated in the Labour Relations Act. Workers engaged in essential services are prohibited from striking. The prohibition does not apply if a minimum service level agreement, guaranteeing services in the event of a strike, has been concluded between employers and trade unions. The Essential Services Committee, established under the Labour Relations Act ( the Act), must ratify these agreements before they become effective. More than two decades after the LRA was promulgated, very few ratified minimum service level agreements have been concluded in the municipal sector. This study explores the reasons for this and suggests legislative and policy interventions that could be considered on a sector wide basis. The study is by way of a single-case study of a metropolitan municipality. Data were obtained from two sources: 14 semi-structured interviews with participants and from an analysis of documents relevant to the regulation of essential services. The study established that the legislative framework for regulating essential services in South Africa is consistent with the principles and decisions laid down by the International Labour Organisation. It however does not provide guidelines for determining minimum service levels. An apparent unevenness between the representatives of the negotiating counterparts exists in the municipal sector in South Africa. Many of the party representatives negotiating minimum service levels, do not work in designated essential services or possess relevant technical skills. The findings of the study suggest steps that could be taken to strengthen the capacity of the Essential Services Committee to assist parties in the municipal sector to conclude minimum service agreements and build the negotiating capacity of the parties. The study also makes recommendations regarding improved participation by essential service workers and the broader community in the process. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/30810 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/30810 Why are there so few minimum service level agreements? A case study of a metropolitan municipality. Ronnie, Roger Godfrey, Shane collective bargaining dispute strike essentials services minimum services municipal sector In terms of the South African Constitution, every worker has the right to strike. This right is regulated in the Labour Relations Act. Workers engaged in essential services are prohibited from striking. The prohibition does not apply if a minimum service level agreement, guaranteeing services in the event of a strike, has been concluded between employers and trade unions. The Essential Services Committee, established under the Labour Relations Act ( the Act), must ratify these agreements before they become effective. More than two decades after the LRA was promulgated, very few ratified minimum service level agreements have been concluded in the municipal sector. This study explores the reasons for this and suggests legislative and policy interventions that could be considered on a sector wide basis. The study is by way of a single-case study of a metropolitan municipality. Data were obtained from two sources: 14 semi-structured interviews with participants and from an analysis of documents relevant to the regulation of essential services. The study established that the legislative framework for regulating essential services in South Africa is consistent with the principles and decisions laid down by the International Labour Organisation. It however does not provide guidelines for determining minimum service levels. An apparent unevenness between the representatives of the negotiating counterparts exists in the municipal sector in South Africa. Many of the party representatives negotiating minimum service levels, do not work in designated essential services or possess relevant technical skills. The findings of the study suggest steps that could be taken to strengthen the capacity of the Essential Services Committee to assist parties in the municipal sector to conclude minimum service agreements and build the negotiating capacity of the parties. The study also makes recommendations regarding improved participation by essential service workers and the broader community in the process. 2020-01-23T13:08:22Z 2020-01-23T13:08:22Z 2019 2020-01-22T07:20:28Z Master Thesis Masters MPhil http://hdl.handle.net/11427/30810 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | collective bargaining dispute strike essentials services minimum services municipal sector Ronnie, Roger Why are there so few minimum service level agreements? A case study of a metropolitan municipality. |
| thesis_degree_str | Master's |
| title | Why are there so few minimum service level agreements? A case study of a metropolitan municipality. |
| title_full | Why are there so few minimum service level agreements? A case study of a metropolitan municipality. |
| title_fullStr | Why are there so few minimum service level agreements? A case study of a metropolitan municipality. |
| title_full_unstemmed | Why are there so few minimum service level agreements? A case study of a metropolitan municipality. |
| title_short | Why are there so few minimum service level agreements? A case study of a metropolitan municipality. |
| title_sort | why are there so few minimum service level agreements a case study of a metropolitan municipality |
| topic | collective bargaining dispute strike essentials services minimum services municipal sector |
| url | http://hdl.handle.net/11427/30810 |
| work_keys_str_mv | AT ronnieroger whyaretheresofewminimumservicelevelagreementsacasestudyofametropolitanmunicipality |