A comparative analysis of disciplinary actions against trade union representatives in South Africa and Sweden

Abstract

This dissertation set out to determine what the correct process is to proceed with disciplinary actions against a trade union representative in the two jurisdictions, namely South Africa and Sweden and how these countries legal frameworks protects or regulates the process relating to disciplinary actions. The dissertation further identifies the similarities between Swedish and South Africa's legislation as well as the differences between the two countries and how the two jurisdictions gives effect to their shared membership to the International Labour Organisation. The abovementioned were achieved by analysing South African jurisprudence relating to disciplinary actions against a trade union representative as well as Swedish jurisprudence. The different Recommendations and Conventions of the International Labour Organization which relates to dismissal was also explored in this study to provide clarity as how the two jurisdictions member status to the ILO shapes their legislature process. The study revealed that even though there are differences between both jurisdictions processes regarding disciplinary actions, both countries jurisprudence are flexible pertaining to disciplinary actions against a trade union representative. Furthermore, both countries far exceed the minimum procedural threshold set-out by the ILO. It is recommended that the proposed amendments to the South Africa's labour legislations which was already processed through the National Economic Development and Labour Council and which will soon be open for public comment, removes the overly restrictive procedural requirements for taking disciplinary actions against a trade union representative which are not explicitly mandated by jurisprudence or legislation become a thing of the past, whereby Sweden can follow suit in the near future.