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Section 64 (4) of the lra suggests that the employee can refer the dispute to the ccma or a bargaining council, and the referring party may require the employer not to unilaterally implement the change to the terms and conditions of employment, or, if the employer has already implemented the change unilaterally, the referring party may require. In cases of an alleged unilateral change to terms and conditions of employment, s64 (4) of the labour relations act, no 66 of 1995 (lra) provides a unique and expeditious remedy to employees if the status quo is not restored. [10] section 64(4) of the lra reads
The employer fails to comply with the requirements of subsections (4) and (5) The employees that did not agree to the changes will be able to approach the labour court for an order or the ccma or bargaining council in terms of section 64 (4) of the lra. Any employee who or any trade union that refers a dispute about a unilateral change to terms and conditions of employment to a council or the commission in terms of subsection (1) (a) may, in the referral, and for the period referred to in subsection (1) (a)
The status quo remedy available to employees or a union in terms of section 64 (4) of the labour relations act 66 of 1995 (“the lra”) is a curious one, allowing a protected strike to take place within 48 hours of referring such a dispute to the ccma, unless an employer reverses the unilateral changes implemented by it
The right to strike is acquired before any attempt at resolving the. An employee or registered trade union may refer a case of unilateral change to terms of conditions of employment to the ccma or a bargaining council for conciliation in terms of section 64(4) of the lra. These two subsections deal with the situation where an employer has unilaterally introduced or intends to introduce changes to the terms and conditions of employment of employees To ensure that the pending dispute will be between parties who are on relatively equal footing, and to deter unilateral conduct, section 64 (4) needs to be referred to.
Labour relations act, 1995 64 Section 64 of the labour relations act (lra) outlines the procedures and protections for employees against such changes This infographic summarises the legislative framework governing unilateral changes, the processes for dispute resolution, and the potential remedies available to affected employees. The first option is to make a unilateral change to the employment conditions of the employees that are not willing to accept the changes, depending on whether the majority of employees agreed to the changes
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