Xenephobia

[deetee]

What is the standing with the Law with regard to running a "closed shop," i.e. NO union members allowed??

Surely as the legal owner of a business you have the right to decide who to employ / not employ...

[Dave S]

What is the standing with the Law with regard to running a "closed shop," i.e. NO union members allowed??

Surely as the legal owner of a business you have the right to decide who to employ / not employ...

Would this not be seen as a form of discrimination

[Dave A]

What is the standing with the Law with regard to running a "closed shop," i.e. NO union members allowed??

By my understanding workers have been given the constitutional right to "organise". You could (very quietly) filter in the hiring selection process and probably get away with it, but I don't think a clause in the employment contract preventing employees from joining a union would pass muster.

For the record I have actually seen an employment contract with just such a clause, but I'd suggest it wouldn't prove enforcable. Even the Dept. of Defence is having the devil's own job getting some limitations on union scope of activity put in place - and they're pleading it's an issue of national security!

[tec0]

Sorry to say but Unions is not worth much... take good old Eskom... there people wanted reasonable housing and increases. Now some do say that Eskom workers are well paid but that is just BS.

If you take an Eskom worker with a trade and a Mine worker with the same trade you will find that the mine worker gets twice as much! This is fact... unless you work at a private mine they sometimes don’t even pay their workers.

Fact Eskom workers cannot even get home loans... But their bosses get millions in bonuses. Now the Union couldn’t even negotiate a proper increase. And they couldn’t even organize a strike!!!

And here is the kicker in the balls. If you are "job critical" it is illegal for you to strike because you may cause the economy to collapse so you are actually considered a terrorist!!!

But a bloody criminal with an AK47 killing women and children while stealing is considered a minor problem.

[deetee]

Would this not be seen as a form of discrimination

Surely this is MY business, and I decide who to hire and who not to, or has the state taken ownership of my business??

If so, then surely I am free to redirect any demands for payment etc. to the new "owners"??

[tec0]

Broad Based Black Economic Empowerment Act 53 of 2003 3. Interpretation of Act:

Any person applying this Act must interpret its provisions so as-

a> To give effect to its objectives; and
b> To comply with the Constitution.

I have looked through the Constitution and I stand to be corrected but there is no section covering businesses as such specifically. So basically it is still down to interpretation. But what you will find in the Constitution is “9. Equality�.

Now in 9. Equality it is written: “3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

Now if this is true then why can some companies no longer do work for Eskom, Telkom, and mining industry because of their Broad-Based Black Economics Empowerment status? Then can it be that their actions are in essence pure discrimination? Also keep in mind b> To comply with Constitution.

See the fact is Broad Based Black Economic Empowerment is still subject to the Constitution. Now if you take into account how many businesses closed down because they did not have proper “Broad Based Black Economic Empowerment� suggest that something is terribly wrong.

But I also want to point out Constitution of the Republic of South Africa 1996 Chapter 2 - Bill of Rights
29. Education: 1) Everyone has the right : A> to a basic education, including adult basic education; and B> to further education, which the state, through reasonable measures, must make progressively available and accessible.

Now I invite you to go as a citizen to the local CTC training facility and asked if you can do your trade there. Sorry but last time I was there I was told: Industry training only! Meaning individuals will not be trained at CTC only employed workers may attend training. Again it goes against our Constitution or does it?

See the truth is there is massif missing bit of information. What is the base of the Broad Based Black Economic Empowerment? Meaning how was the policies used by Eskom, Telkom, and mining industry drafted? I would love to see the guidelines that were given.

[wynn]

Zapiro instead of sticking his finger on it, stuck his finger up at it again

[Dave A]

For what it's worth, here are two pieces by Pierre de Vos that gave me the notion that workers have the right to join unions in terms of the constitution - i.t.o. section 23 it seems.

[tec0]

23. Labour relations: 2) Every worker has the right a) to form and join a trade union; b) to participate in the activities and programmes of a trade union; and c) to strike.

The real question is: what is lawful? And more importantly; What is within reason?