SCHEDULE 2 OF LABOUR RELATIONS ACT GUIDELINES FOR CONSTITUTION OF WORKPLACE FORUM

 

1.   Introduction

  1. This Schedule contains guidelines for the constitution of a work-place forum. It is intended to guide representative trade unions that wish to establish a work-place forum, employers and commissioners.

  2. This Act places the highest value on the establishment of work-place forums by agreement between a representative trade union and an employer. The role of the commissioner is to facilitate an agreement establishing the structure and functions of a work-place forum. If agreement is not possible, either in whole or in part, the commissioner must refer to this Schedule, using its guidelines in a manner that best suits the particular work-place involved.

  3. For convenience, the guidelines follow the sequence of the paragraphs in section 82 of this Act.

2.   Number of seats in work-place forums (section 82 (1) (a))

The formula to determine the number of seats in the work-place forum should reflect the size, nature, occupational structure and physical location of the work-place. A guideline may be-

  1. in a work-place in which 100 to 200 employees are employed, five members:
  2. in a work-place in which 201 to 600 employees are employed, eight members:
  3. in a work-place in which 601 to 1 000 employees are employed, 10 members;
  4. in a work-place in which more than 1 000 employees are employed, 10 members for the first 1 000 employees, plus an additional member for every additional 500 employees, up to a maximum of 20 members.

3.   Distribution of seats to reflect occupational structure (section 82 (1) (b))

The formula to determine the distribution of seats in the work-place forum must reflect the occupational structure of the work-place.

Example:

There are 300 employees in a work-place. The occupational structure is as follows: 200 employees are manual employees; 50 are administrative and clerical employees; and 50 are supervisory, managerial and technical employees. The six seats may be distributed as follows-

4 seats for members to be elected from candidates nominated from among the manual employees

1 seat for members to be elected from candidates nominated from among the administrative and clerical employees

1 seat for members to be elected from candidates nominated from among the supervisory, managerial and technical employees.

4.   Elections (section 82 (1) (c), (d), (g), (h), (i) and (j))

  1. The constitution must include provisions concerning the appointment of an election officer.
    Example:

    1. Every election or by-election in relation to a work-place forum must be conducted by an election officer appointed by agreement between the representative trade union and the employer.
    2. If the trade union and the employer cannot agree, the trade union may apply to the Commission to appoint an election officer.
    3. The Commission must appoint an election officer to conduct a by-election only if it is satisfied that the work-place forum cannot function adequately without a by-election.

  2. The constitution must set out what the election officer should do and the procedure for an election.
    Example:

    1. Thirty days before each election of members of the work-place forum, the election officer must-
      1. prepare a list of all employees in the work-place; and
      2. call for nominations for members of the work-place forum.

    2. Any employee may be nominated as a candidate for election as a member of the work-place forum by-
      1. any registered trade union with members employed in the work-place;
      2. a petition signed by not less than 20 per cent of the employees in the work-place or 100 employees, whichever number of employees is the smaller.

    3. Any employee who is a member or has previously served as a member of a work-place forum is eligible for re-election.
    4. Fourteen days before each election of members of the work-place forum, the election officer must-
      1. confirm that the nominated candidates qualify for election;
      2. publish a list of all qualified candidates who have been properly nominated; and
      3. prepare a ballot for the election, listing the nominated candidates in alphabetical order by surname.

    5. Voting must be by secret ballot.
    6. Every employee is entitled to vote in the election of the work-place forum during working hours at the employer's premises.
    7. Every employee in the work-place is entitled to cast a number of votes equal to the number of members to be elected to the work-place forum.
    8. Every employee may cast one or more of those votes in favour of any candidate.

5.   Terms of office (section 82 (1) (k), (l) and (m))

  1. The constitution must provide that the members of a work-place forum remain in office until the first meeting of the newly elected work-place forum.

  2. The constitution must include provisions allowing the members to resign or to be removed from office.

    Example:

    1. A member of a work-place forum may resign by giving written notice to the chairperson.
    2. A member of a work-place forum must vacate that office-
      1. when the member's resignation takes effect;
      2. if the member is promoted to senior managerial status;
      3. if the member is transferred from the work-place;
      4. if the member's employment is terminated;
      5. as a result of an award of a commissioner; or
      6. if the representative trade union that nominated a member removes the member.

    3. The representative trade union, the employer, or the work-place forum may apply to the Commission to have a member of the work-place forum removed from office on the grounds of gross dereliction of the duties of office.
    4. Twenty percent of the employees in the work-place may submit a signed petition to the Commission applying for the removal from office of a member of the work-place forum on the grounds of gross dereliction of the duties of office.
    5. An application to remove a member of a work-place forum from office must be decided by arbitration under the auspices of the Commission.
    6. A by-election to fill any vacancy in the work-place forum must be conducted by an election officer.

6.   Meetings of work-place forum (section 82 (1) (n))

The constitution must include provisions governing meetings of the work-place forum.

Example:

  1. The first meeting of a newly elected work-place forum must be convened by the election officer as soon as practicable after the election.
  2. At that meeting the members of the work-place forum must elect from among their number a chairperson and a deputy chairperson.
  3. The work-place forum must meet whenever necessary, but at least once a month.
  4. A quorum of the work-place forum must be a majority of the members of the work-place forum holding office at any time.
  5. A decision of the majority of the work-place forum present at the meeting must be the decision of the work-place forum.
  6. The meetings between members of the work-place forum and the employees should be at least four times a year.

Example 1:

In a work-place that is a single place, the meetings with the employees should be with all the members of the work-place forum.

Example 2:

In a work-place that is geographically dispersed, the meetings with the employees need not be with all the members of the work-place forum, but with one or more members of the work-place forum.

7.   Time off for members of work-place forum (section 82 (1) (p))

The constitution must include provisions governing time off for members to perform their functions.

Example:

  1. A member of a work-place forum entitled to take reasonable time off during working hours with pay for the purpose of-
    1. performing the functions and duties of a member; and
    2. undergoing training relevant to the performance of those functions and duties.

  2. The right to time off is subject to conditions that are reasonable, so as to prevent the undue disruption of work.
  3. The costs associated with the training must be paid by the employer, if those costs are reasonable, having regard to the size and capabilities of the employer.

8.   Facilities to be provided to work-place forum (section 82 (1) (r))

The constitution must require the employer to provide adequate facilities to the work-place forum to perform its functions.

Example:

  1. The employer must provide, at its cost-
    1. fees, facilities and materials that are necessary for the conduct of elections and by-elections of the work-place forum; and
    2. administrative and secretarial facilities that are appropriate to enable the members of the work-place forum to perform their functions and duties.

  2. These facilities must include, but are not limited to, a room in which the work-place forum may meet and access to a telephone.
  3. The costs incurred by the employer in complying with the provisions of paragraphs (a) and (b) must be reasonable, having regard to the size and capabilities of the employer.

9.   Experts (section 82 (1) (t))

The constitution may provide for the use of experts.

Example:

  1. A work-place forum may ask experts to assist it in the performance of any of its functions.
  2. An expert must ensure that there is no conflict of interest between the assistance given to one work-place forum and another.
  3. An expert may attend any meeting of the work-place forum and, at its request, address any meetings of the work-place forum including a meeting with the employer or the employees.
  4. An expert is entitled to any information to which the work-place forum is entitled and may inspect and copy any document.

10.   Establishment of co-ordinating and subsidiary work-place forums (section 82 (2) (b))

  1. Where an employer carries on or conducts two or more operations that are independent of each other by reason of their size, function and organisation, the constitution may provide for the establishment of a co-ordinating work-place forum with jurisdiction over those matters contained in sections 84 and 86 that affect the employees generally and for the establishment of a subsidiary work-place forum in each of the work-places with jurisdiction over those matters that affect only the employees in that work-place.

  2. Where the employer has a work-place that is geographically dispersed and there are matters that are of local interest rather than general interest, the constitution may establish a co-ordinating work-place forum with general jurisdiction and subsidiary work-place forum with local interest jurisdiction.

    3. Example:

    A bank with a head office may have many branches dispersed around the country. If the branches are not regarded as separate work-places, the bank may have one work-place forum for all its employees or the constitution may allow for the establishment of a co-ordinating work-place forum at head office level and in certain or all of the branches allow the establishment of subsidiary work-place forums that will deal with matters that affect only the employees in those branches.