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The effect of the principle of majoritarianism on the rights of minority trade unions to organise and engage in collective bargaining
Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613700314103808 |
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| access_status_str | Open Access |
| author2 | Newaj, Kamalesh |
| author_browse | Newaj, Kamalesh |
| author_facet | Newaj, Kamalesh |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100682 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:18.073Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100682 The effect of the principle of majoritarianism on the rights of minority trade unions to organise and engage in collective bargaining Newaj, Kamalesh u13369882@tuks.co.za Makama, Poeledi Bethuel UCTD Sustainable Development Goals (SDGs) Collective agreement Extension of collective agreements Threshold agreements Sufficiently representative Majority unions Minority unions Workplace Freedom of association Right to strike International Labour Standards Majoritarianism Collective bargaining Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024. The main feature of the LRA is that it promotes the principle of majoritarianism and confers clear advantages on majority unions. The majoritarian principle enables a trade union with a majority in the workplace to prevail over minority unions and their members as well as non-unionised employees and to limit some of the minority’s rights, including the right to obtain organisational rights and to strike. Section 18 of the LRA allows a majority union and the employer to put a numerical figure to the concept of ‘sufficient representativity’, which provides certainty to both employers and unions on what defines a sufficiently representative union. Secondly, section 23(1)(d) read in conjunction with section 65(3) of the LRA, imposes severe restrictions on minority trade unions. It prohibits striking by anyone bound by a collective agreement regulating the issue in dispute by means of limiting the right to strike of employees who are not members of the union party to the collective agreement. The LRA has been criticized for favouring trade unions with majority membership and granting special benefits to unions with majority support at the establishment or industry level. It is within this context that the study examines the effect of the principle of majoritarianism on the constitutionally entrenched right of every trade union to strike, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. Moreover, this study explores the justifiability of the impact of sections 18 and 23(1)(d) of the LRA on minority trade unions in terms of the Constitution of the Republic of South Africa, 1996 and labour standards. N/A Mercantile Law LLM (Labour Law) Unrestricted Faculty of Laws None 2025-02-11T10:16:58Z 2025-02-11T10:16:58Z 2025-04 2024-10-31 Mini Dissertation * A2025 http://hdl.handle.net/2263/100682 Disclaimer Letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Collective agreement Extension of collective agreements Threshold agreements Sufficiently representative Majority unions Minority unions Workplace Freedom of association Right to strike International Labour Standards Majoritarianism Collective bargaining The effect of the principle of majoritarianism on the rights of minority trade unions to organise and engage in collective bargaining |
| title | The effect of the principle of majoritarianism on the rights of minority trade unions to organise and engage in collective bargaining |
| title_full | The effect of the principle of majoritarianism on the rights of minority trade unions to organise and engage in collective bargaining |
| title_fullStr | The effect of the principle of majoritarianism on the rights of minority trade unions to organise and engage in collective bargaining |
| title_full_unstemmed | The effect of the principle of majoritarianism on the rights of minority trade unions to organise and engage in collective bargaining |
| title_short | The effect of the principle of majoritarianism on the rights of minority trade unions to organise and engage in collective bargaining |
| title_sort | effect of the principle of majoritarianism on the rights of minority trade unions to organise and engage in collective bargaining |
| topic | UCTD Sustainable Development Goals (SDGs) Collective agreement Extension of collective agreements Threshold agreements Sufficiently representative Majority unions Minority unions Workplace Freedom of association Right to strike International Labour Standards Majoritarianism Collective bargaining |
| url | http://hdl.handle.net/2263/100682 |