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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
What rights do trade unions have? What is the significance of an employer recognising a trade union? Can an employer inadvertently recognise a trade union? Under what conditions can a trade union apply for compulsory recognition? What happens if an independent union makes a formal written request for recognition? At what point would the Central Arbitration Committee become involved in the trade union recognition process? Can a union compel an employer to recognise it? Can an employer derecognise an independent union?
Protection is given to workers from suffering detriment on the grounds that they took action to obtain or prevent recognition or collective bargaining, provided that their actions do not constitute "an unreasonable act or omission". A worker bringing a successful claim is entitled to potentially unlimited compensation. If an employee's contract is terminated because of such action, the dismissal will be automatically unfair.
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