Trade Union Recognition in the South African Workplace and the Canadian Bargaining Unit: Some Comparative Insights into Bargaining Constituencies

Author : Wilhelmina Germishuys-Burchell

Abstract :The paper seeks to identify specific challenges surrounding the legal regulation of trade union recognition with specific reference to the ‘workplace’ as the constituency within which the majority rules. The definition of ‘workplace’ in the South African Labour Relations Act 66 of 1995 creates the potential for minority interests to be ignored, and it hinders even majority unions seeking recognition, especially where the workplace is dispersed across different locations. This predicament, and the harsh effect and the potential dangers of excluding minority voices in the labour context, has also been recognised by the Constitutional Court. In this context, this paper considers two factors central to the concept of the independently determined ‘appropriate bargaining unit’ in Canadian law. The f irst factor is how best to accommodate special or significant minority interests, and the second is how best to address recognition in the context of multi-location employers. Although the Canadian legal system (like the South African one) clearly favours majority unions, this paper ultimately seeks to show that Canadian law shows greater awareness of the potentially unfair (or harsh) effects of majoritarianism applied either without qualification or to an inappropriate constituency. The paper concludes with some insights from the Canadian approach for regulating trade union recognition more appropriately in South Africa

Keywords :Trade union recognition, workplace definition, labour law, minority interests, South Africa, Canada, majoritarianism, collective bargaining, multi-location employers, appropriate bargaining unit

Conference Name :International Conference on Employment Law and Human Resources (ICOELAHR-25)

Conference Place Athens, Greece

Conference Date 29th Apr 2025