However, the worker who deserves the threshold has the right to negotiate. [100] Therefore, neither Section 18 nor Section 23 object to a collective agreement between an employer and a minority union where there is an agreement, pursuant to Section 18, between the same employer and a majority union. [62] The question at the outset is whether it is in the interests of justice to decide the merits of the remedy in question. That is where the divergence lies between us. The first judgment concludes that it is not in the interests of justice to get to the merits, as the parties knew that the corresponding collective agreement between POPCRU and the employer was no longer in force at the time of the labour tribunal referral and that both parties ignored it. From the above, you will find that people who earn below the threshold have a legal right to “demand.” [70] Section 23 of the Constitution guarantees a number of rights, including the right to form or join a union of their choice, and the right of any union to negotiate collective agreements. These rights cannot be limited by a private agreement between an employer and a majority union. However, they may be limited by a general scope, provided it complies with the requirements of Article 36 of the Constitution. This provision strongly asserts that rights in the law of rights can only be limited within the meaning of a general law.

Technical problems related to a performance threshold were identified by the parties in the spring of 1974. In this context, the Soviet Union raised the idea of some misunderstandings regarding occasional, minor and involuntary violations. Discussions on this agreement took place in the fall of 1974 and the spring of 1976. The Soviet Union was informed by the United States that the agreement obtained would be included in the public protocol related to the submission of the treaty to the Senate for consideration and approval of ratification. The whole understanding is that for workers who earn the threshold, the employer is in the same situation that he cannot demand, but must also negotiate. [78] The labour tribunal order suggests that the collective agreement between POPCRU and the employer did not prevent SACOSWU and the employer from entering into a “valid and enforceable collective agreement” within the meaning of Section 20 “to allow the union to represent its members in disciplinary and workplace appeal proceedings.” This decision is based on the Labour Appeal Court`s conclusion that a collective agreement on the organizing rights of Sections 12, 13 and 15 may be concluded by a minority union and an employer pursuant to Section 20 of the LRA.