scholarly journals Public Sector Collective Bargaining

2005 ◽  
Vol 41 (4) ◽  
pp. 691-703
Author(s):  
Jacob Finkelman
Keyword(s):  
Public Sector ◽  
Public Service ◽  
Labour Relations ◽  
The Public ◽  
Service Staff ◽  
Essential Services ◽  
Definition Of ◽  
The Right ◽  
Staff Relations

The author traces the origins and development of public sector negotiations in Canada. Heputs the accent on several aspects such as: the determination of bargaining units, the definition of what is negotiable, major problems encountered and ways of resolving them, the determining of essential services. In the light offorty years of experience, the author cornes to the conclusion that granting the right to strike in the public sector was a mistake. He also takes position against the merger ofthe Canadian Labour Relations Board (CLRB) and the Public Service Staff Relations Board (PSSRB).

scholarly journals DEEMED DISMISSALS AND SUSPENSIONS IN THE PUBLIC SECTOR Grootboom v National Prosecuting Authority (2014) ILJ 121 (CC)

Obiter ◽  
2015 ◽  
Vol 36 (1) ◽  
Author(s):  
Marcus Kgomotso Mathiba
Keyword(s):  
Public Sector ◽  
South African ◽  
Public Service ◽  
Good Practice ◽  
Procedural Fairness ◽  
Constitutional Court ◽  
Labour Relations ◽  
The Public ◽  
Labour Practice ◽  
The Right

Two forms of suspension are known in South African law, namely, punitive and precautionary suspensions. Punitive suspensions are given as a form of a disciplinary sanction, while precautionary suspensions are effected pending an investigation. In the latter case, the suspension allows the employer time and space to conduct an investigation and to prevent the employee from tampering with the enquiry. Whether the suspension culminates in the employee’s dismissal or reinstatement, the LRA demands that the employee be treated fairly as an unfair suspension may constitute an unfair labour practice in terms of section 186(2)(b) of the Labour Relations Act (the LRA).In case of a dismissal the LRA requires that a dismissal must be both substantively and procedurally fair. With regard to the procedural fairness requirement, the Code of Good Practice (Chapter 8 of the LRA) suggests that the employer hold an enquiry to determine whether there is a ground or grounds for dismissal. The enquiry does not have to be formal but the employer must inform the employee about the allegations and give such employee an opportunity to state a case in response. However, the Code mentions that in exceptional circumstances the employer can dispense with pre-dismissal procedures, if that employer is reasonably unable to follow these guidelines. The Public Service Act 103 of 1994 (PSA) is an example of legislation that allows employers to dispense with the procedural guidelines of the Code, citing the employee’s unauthorized absence as an exceptional circumstance. Section 17(3)(a)(i) of the PSA states that a public-service employee who absents himself or herself from official duties without permission from of his or her head of department shall be deemed to have been discharged from the public service on account of misconduct. Section 17(3)(b) affords an opportunity to employees so discharged to make representations to their employers, showing good cause why they should be reinstated. Section 14(1)(a) of the Employment of Educators Act 76 of 1998 (EEA) contains provisions similar to those of section17(3) of the PSA, however, these apply only to educators.One can probably take the right to make representations mentioned above as an equivalent of the right to procedural fairness in the LRA, and also as a measure of complying with the guidelines stipulated in the Code. However, the right to make representations is distinct from the procedure under the LRA because it does not take effect unless invoked by the employee. Since the enactment of the PSA and the EEA, the position of suspended employees has been uncertain. The Constitutional Court in Grootboom v National Prosecuting Authority ((2014) ILJ 121 (CC)) dealt with deemed dismissals in the PSA and the EEA and the extent to which the provisions of these Acts can apply to suspended employees in the public sector. These issues are explored in this case note.

scholarly journals Adjudication of Grievances in Public Service of Canada

2005 ◽  
Vol 28 (3) ◽  
pp. 497-549 ◽  
Author(s):  
Arjun P. Aggarwal
Keyword(s):  
Public Service ◽  
Employee Relations ◽  
Public Employees ◽  
New Era ◽  
The Public ◽  
Service Staff ◽  
The Right ◽  
Financial Administration ◽  
Staff Relations ◽  
Sense Of Justice

Employer-employee relations in the Federal Public Service of Canada entered a new era with the proclamation on March 13, 1967, of three Acts— The Public Service Staff Relations Act ; The Public Service Employment Act ; and anAct to Amend the Financial Administration Act. The employees have been guaranteed the right to organize, the right to bargain, the right to strike and the right to get grievances adjudicated by an independent tribunal. The statutory right to grieve and get the grievances adjudicated have provided to the federal public employees a sense of justice and « fairplay ». The adjudication system has made the private sector of industrial jurisprudence applicable to the federal public services with a remarkable success. This article deals with the function and operation of the statutory Grievance Process and Adjudication.

scholarly journals The Public Service Staff Relations Board

2005 ◽  
Vol 30 (4) ◽  
pp. 628-642 ◽  
Author(s):  
A. Gray Gillespie
Keyword(s):  
Collective Bargaining ◽  
Public Service ◽  
Third Party ◽  
The Public ◽  
Service Staff ◽  
Staff Relations ◽  
Federal Public Service

This paper is primarily an attempt to describe the organization, functions, and influence of the neutral third-party agency in the Federal Public Service collective bargaining system.

scholarly journals Knowledge Cities

1970 ◽  
Author(s):  
Stephen Bevan
Keyword(s):  
Public Sector ◽  
Knowledge Economy ◽  
Creative Industries ◽  
The Public ◽  
Definition Of ◽  
The Right ◽  
Simple Definition

“Knowledge Cities” tries to disentangle the myths from the realities of the Knowledge Economy. It argues for a wider definition of the knowledge economy, beyond a simple definition based around ICT and biotechnology and including the creative industries, the public sector and manufacturing. With the right policies in place, there is no reason why the knowledge economy should be characterised by growing inequality.

scholarly journals La grève dans les services publics en droit français

2005 ◽  
Vol 21 (3-4) ◽  
pp. 699-713
Author(s):  
Joseph Frossard
Keyword(s):  
Public Sector ◽  
Public Utility ◽  
Public Employees ◽  
Government Employees ◽  
The Public ◽  
Salaried Workers ◽  
Essential Services ◽  
Constitutional Right ◽  
Restrictive Legislation ◽  
The Right

This paper describes the limitations on the constitutional right to strike that apply to public employees in France. While recognizing the right to strike for all salaried workers, whether employed in the private or public sector, the Preamble to the 1946 Constitution, incorporated by reference into the present Constitution, allows for limitations being imposed on that right by statute. Indeed, specific legislation has either prohibited or limited the right to strike for various classes of public employees. This has been held constitutionally valid insofar as the statutory bar or restriction is required to prevent essential functions of the State from being interrupted or to ensure that the vital needs of the country are being provided for. Even where no specific restrictive legislation applies, strikes by the staff of « public services » — including not only central and local government employees, but also employees of major nationalized industries, institutions such as hospitals, and even private undertakings providing some public utility or service — are subject, under the Labour Code, to a number of restrictions. In particular, five days' notice of the strike must be given by a representative union. And certains forms of striking, such as rotating strikes, are prohibited. In addition, the employer authority may, under the doctrine of « essential services », make administrative regulations identifying which units or staff positions are considered essential. These regulations are subject to review by the administrative courts on the basis that the constitutional right to strike may only be curtailed insofar as is needed to preserve State authority and security or the safety of the public.

scholarly journals The Legal Nature of Public Service Disputes concerning the Legality of Imposition of Disciplinary Sanctions

Lex Russica ◽  
2021 ◽  
pp. 21-31
Author(s):  
E. L. Leshchina
Keyword(s):  
Public Service ◽  
Subject Matter ◽  
The Public ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Administrative Proceedings ◽  
Process Structure

The paper examines the concept of a public service dispute as a type of a legal conflict, as a protective legal relationship and a juridical procedural activity. The author analyzes the modern terminology of a public service dispute enshrined in the legislation regulating public service, identifies the shortcomings of legal definitions. The author establishes and describes the mechanisms for the consideration of public service disputes provided for by the legislation.The main approaches to the definition of a public service dispute are analyzed. The author has highlighted its features as a complex protective legal relationship. The author shows the erroneous identification by some researchers of labor and public service relations and approaches to their determination of the legal nature of public service disputes, including the legality of the application of disciplinary sanctions. It has been substantiated that the legal nature of public service disputes in the civil service system is primarily determined by the content of the relations that underlie their occurrence—public service legal relations—and not by the forms of their consideration, which allows the possibility of applying labor and civil procedural legislation to disputed legal relations.The author defines a public service dispute and an official conflict, describes the signs of a public service dispute on the legality of the imposition of a disciplinary sanction, qualifies the subject matter of the dispute under consideration—substantive legal requirements (disagreements) of the parties that act as an element of the connection between the substantive legal relationship between the parties to the dispute and the procedure applied for the dispute consideration. It has been substantiated that the public service dispute consideration concerning the legality of imposing a disciplinary sanction, termination of a public service contract constitutes a type of law enforcement procedural activity that has its own basis, subject matter, goals, elements, procedural forms and stages, types of decisions, which makes it possible to single out such disputes as one of the administrative proceedings included in the administrative process structure.

scholarly journals Report on Employer-Employee Relations in the Public Service of Canada

2005 ◽  
Vol 29 (4) ◽  
pp. 786-803 ◽  
Author(s):  
Jacob Finkelman
Keyword(s):  
Public Service ◽  
Employee Relations ◽  
The Public ◽  
Legislative Change ◽  
Service Staff ◽  
Staff Relations

In this article, the author explains the rationale behina the Finkelman report which contains many proposals for legislative change in the Public Service Staff Relations Act„ Some of the key recommendations are discussed but substantial consideration is also given to the constraints the committee had to deal with.

scholarly journals UNDERSTANDING THE LIMITATIONS TO THE RIGHT TO STRIKE IN ESSENTIAL AND PUBLIC SERVICES IN THE SADC REGION

2016 ◽  
Vol 19 ◽  
pp. 1
Author(s):  
Rochelle Le Roux ◽  
Tamara Cohen
Keyword(s):  
South Africa ◽  
Public Sector ◽  
Public Services ◽  
Service Employees ◽  
Public Sector Employees ◽  
Essential Services ◽  
Definition Of ◽  
The Right ◽  
International Conventions ◽  
Essential Service

The nature of the limitations to the right to strike in essential and public services in the nine sub-regional countries of Southern Africa – South Africa, Botswana, Lesotho, Namibia, Swaziland, Malawi, Mozambique, Zambia and Zimbabwe – is examined in this contribution. While all of these countries share common influences and face common challenges, there appears to be a vast disparity in the approaches taken to the right to strike in public and essential services in the region. A brief overview of the demographics and labour markets in the countries under discussion is sketched, the salient features of the ILO's approach to strike in essential and public services is highlighted, and a broad overview of the contrasting and disparate approaches to essential and public services in the region is provided. The focus is, however, on the legislative approach taken to essential service employees in South Africa. It is concluded that – with the exception of South Africa and Namibia – the limitations to the right to strike of public sector employees exceed those endorsed by international conventions, and the broad definition of essential services generally relied upon effectively results in an outright ban of public sector strikes in the sub-region.

scholarly journals THE STATUTORY DEFINITION OF GIFT VALUE AS A “FILTER” FOR EFFECTIVE STATE POLICY IN THE PUBLIC SERVICE

2019 ◽  
Vol 4 (5) ◽  
pp. 122
Author(s):  
Tatiana Kolomoets ◽  
Nataliia Halitsyna ◽  
Serhii Kushnir
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
State Policy ◽  
The State ◽  
The Public ◽  
Public Servant ◽  
The Gift ◽  
Symbolic Value ◽  
Definition Of

The paper substantiates the importance of standardization of gift’s “value feature” for a public person as a reliable “filter” for eliminating threats for effective implementation of the state policy in the public service. Methodology. The analysis of regulatory and law enforcement experience of different countries allowed distinguishing three basic regulatory models of “gift relations” in the public service – prohibitive, permissive, and mixed. Clarification of the essence of each of them led to the conclusion on the expediency to choose the mixed model as an optimal alternative for an effective counteraction to the unlawful, non-purpose use of gift resource in the public service under the conditions of modern reformation state-building and law-enforcement processes. This model due to a simultaneous regulation of the principles of “prohibitive gift” relations, “permissive gift” relations envisages determination of the limits for possible reception of other gifts by public servants. It ensures elimination of the prerequisites as for waking “gift relations” in the public service, so for unreasonable use of the gift as a source for enrichment, encouragement means, and “instrument for influence” on the professional official activity of a public servant. Results. A unique character of the gift in the public-official relations is caused, first of all, by its trifling “symbolic” value. Due to this fact it can be considered as a “symbolic manifestation” of respect, gratitude to a public servant for his competent, honourable, lawful professional official activity. Its symbolic “value feature” is its central feature that causes the need for its obligatory complete regulatory determination. On the basis of the comparative legal analysis of rule-making and law-enforcement experience of different countries, a number of basic approaches to the definition of “value feature” of a gift are distinguished (in a completely determined amount, in a multiple of the guaranteed rates established by the state, in a multiple to the salary of a public servant, in a generalized form without any quantitative indicators and with the list of possible external forms of gift’s manifestation etc.), and it is justified the feasibility of its binding to a certain number of the national currency (“solid”, “constant” indicator). Practical implications. Standardisation of this gift feature along with others which carry out an additional role (frequency of reception and source) should be at the level of the basic legislative act, which consolidates principles of “gift relations” in the sphere of public service in its entirety. Taking into account the importance of this gift feature, any sub-legislative “alternative” in relation to the determination of gift value can’t exist eliminating the grounds for a controversial nature of regulation of relevant relations. Value/originality. It will help to unify the regulatory standards for using gift’s resource in the public service as a whole, regulatory “filtering” effectiveness of the implementation of public policy in the sphere of public service as a whole.

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