Relevant bibliographies by topics / Labor courts – South Africa

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Reports

Academic literature on the topic 'Labor courts – South Africa'

Author: Grafiati
Published: 4 June 2021
Last updated: 17 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Labor courts – South Africa.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Labor courts – South Africa"

1

Calitz, K. "Globalisation, the Development of Constitutionalism and the Individual Employee." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 2 (July 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2007/v10i2a2805.

Full text
Abstract:
Summary To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws) must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements. There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on thisaspect) the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law. In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa’s common law rules of private international law to afford constitutional protection to employees involved in international employment contracts.
APA, Harvard, Vancouver, ISO, and other styles
2

Selala, Koboro J. "Constitutionalising The Right to Legal Representation at CCMA Arbitration Proceedings: Law Society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (May 17, 2017): 396. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2425.

Full text
Abstract:
Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, a study of recent case law reveals that the majority of court judgments seem to be leaning in favour of granting legal representation at disciplinary hearings and CCMA arbitrations than denying it. In the recent case, Law Society of the Northern Provinces v Minister of Labour, the High Court struck down the rule of the CCMA which restricted legal representation at CCMA arbitration as unconstitutional on grounds of irrationality. The High Court considered that the impugned rule was inconsistent with section 3(3)(a) of the Promotion of Administrative Justice Act, which was specifically enacted to give effect to the right to administrative justice entrenched in the Constitution. In so deciding the High Court considered the importance of job security and the possible loss of job by an employee as a serious matter. This case note aims to analyse critically the court’s judgment in Law Society of the Northern Provinces v Minister of Labour and to consider its implications for dispute resolution in South Africa. It is asserted that although the right to legal representation is not absolute at labour proceedings, in light of the court’s decision in Law Society of the Northern Provinces v Minister of Labour it is not easy to identify the circumstances that would provide justification for the infringement of the right at CCMA arbitrations and probably at disciplinary hearings as well. Here, an argument is made suggesting that the court in the Law Society case has taken the right to legal representation too far.
APA, Harvard, Vancouver, ISO, and other styles
3

Diedericks, Leana. "The Employment Status of Magistrates in South Africa and the Concept of Judicial Independence." Potchefstroom Electronic Law Journal 20 (November 8, 2017): 1–32. http://dx.doi.org/10.17159/10.17159/1727-3781/2017/v20i0a1475.

Full text
Abstract:
Protection in terms of labour law is primarily only available to persons with status as employees. In South Africa the courts have over the years developed different tests to establish who is an employee and therefore entitled to protection afforded by labour law. These tests have been incorporated into legislation. The Labour Relations Act 66 of 1995 provides for a definition and presumption of who is an employee. The Act further excludes certain categories of persons from its application and ambit. Although magistrates have not expressly been excluded from the application of the Act, it has been held that they are not employees, because such a categorisation would infringe upon the principle of judicial independence as guaranteed by the Constitution of the Repubblic of South Africa, 1996. The purpose of this paper is to evaluate whether magistrates could be categorised as employees in terms of the traditional tests of employment and still be able to maintain judicial independence as required by the South African Constitution.
APA, Harvard, Vancouver, ISO, and other styles
4

Van Eck, Stefan, and Tungamirai Kujinga. "The Right to Strike and Replacement Labour: South African Practice Viewed from an International Law Perspective." Potchefstroom Electronic Law Journal 21 (November 2, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4413.

Full text
Abstract:
South Africa is a member of the International Labour Organisation (hereafter the ILO), an establishment that sets international labour law standards through its conventions, recommendations and expert supervisory committees. Also, South African courts have an obligation to interpret labour provisions in accordance with international law and customs. This paper examines whether by way of the Labour Relations Act of 1995 (hereafter the LRA) the current regulation of both the right to strike and the use of replacement labour during strikes falls within the ambits of internationally and constitutionally acceptable labour norms. Strike action constitutes a temporary and concerted withdrawal of work. On the other hand, replacement labour maintains production and undermines the effect of the withdrawal of labour. Consequently, the ILO views the appointment of strike-breakers during legal strikes in non-essential services as a violation of the right to organise and collective bargaining, and in a number of countries replacement labour is prohibited. The Constitution of the Republic of South Africa, 1996 enshrines every worker's right to strike and the LRA gives effect to this right. However, the foundation of this right is ostensibly brought into question by the LRA in as far as it permits employers to make use of replacement labour during strike action. This article investigates whether replacement labour undermines the right to strike in South Africa and considers to what extent labour legislation may be misaligned with international norms. In conclusion the research makes findings and proposes alternatives that may be considered to resolve this seemingly skewed situation.
APA, Harvard, Vancouver, ISO, and other styles
5

Olivier, Marius, and Avinash Govindjee. "The Inter-Relationship between Administrative Law and Labour Law: Public Sector Employment Perspectives from South Africa." Southern African Public Law 30, no. 2 (December 1, 2017): 319–46. http://dx.doi.org/10.25159/2522-6800/3583.

Full text
Abstract:
The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four judgments by the Constitutional Court of South Africa have considered whether employment-related decisions in the public sector domain do or could amount to administrative action and whether administrative law and/or labour law should be applicable for purposes of dispute resolution, legal uncertainty remains the order of the day due to a combination of factors. The authors assess whether (and to what extent) the rich South African administrative-law jurisprudence remains of importance in relation to the public employment relationship, bearing in mind the applicable legal considerations, including the inter-relatedness, interdependence and indivisibility of the range of applicable fundamental constitutional rights. Considering the debate in other jurisdictions on this issue, the authors develop a paradigm for situating different employment-related disputes as matters to be decided on labour and/or administrative-law principles in South Africa. This requires an appreciation, to the extent relevant, of the unique nature public sector employment relationships and a detailed investigation of the applicable legal sources and precise parameters of the cases already decided in the country. The position of employees deliberately excluded from the scope of labour legislation is analysed, for example, as is the legal position of high-ranking public sector employees. The outcome of the investigation is important for determining the legal principles to be applied in cases involving public sector employees in their employment relationship, and for purposes of determining the question of jurisdiction. Recent cases, for example where the courts have permitted the state, as employer, to review its own disciplinary decision (via a state-appointed chairperson of a disciplinary hearing) on the basis that this amounts to administrative action which is reviewable, are also examined in the light of the uncertainty regarding the precise nature and scope of the review.
APA, Harvard, Vancouver, ISO, and other styles
6

Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (May 17, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2427.

Full text
Abstract:
This edition of PER consists of eight articles, four notes and two book reviews covering a range of topics. The first article is by Oliver Fuo, a postgraduate student of the North-West University (Potchefstroom Campus). His contribution deals with the status of executive policies and the basis for their judicial enforcement in a constitutional and socio-economic context. He demonstrates that "executive" policies may be perceived to have the force of law, especially where their enforcement may be imperative for the realisation of socio-economic rights. Secondly, Ig Rautenbach of the University of Johannesburg considers empirical data on the effectiveness of the Constitutional Court during the period 1995 to 2012. He focuses on the following three questions: "How did the cases reach the court", "why did the court refuse to consider some of them", and "how often did the court invalidate laws and actions". In the third article, Magda Slabbert and Hendrik Pienaar, follows a multi-disciplinary approach to discuss the legal position of the locum tenens that is often used by medical practitioners in private practice. They recommend that a locum tenens be appointed as an independent contractor rather than an employee, and argues that the onus to ensure that he or she is registered and fit to practice rests on the principal. The fourth article by Carika Keuler deals with the "pay now, argue later" rule in terms of the Tax Administration Act 28 of 2011. She is of the opinion that the Act fails to address the imbalance between the duties of the South African Revenue Services and the right of the taxpayer to access the courts. JC Knobel, the author of the fifth article, gives an overview of the conservation status of eagles in South Africa. He discusses the existing legal framework and makes a number of recommendations to improve their legal status. Two authors, Laurence Juma and James Tsabora, both from Rhodes University, discuss the possibility of South Africa enacting a new law regulating private military and/or security companies, which they refer to as PMSC's. The seventh article by Johan Kruger and Clarence Tshoose gives a South African perspective on the impact of the Labour Relations Act 66 of 1995 on minority trade unions. In the eight place, Dave Holness offers an analysis of compulsory "live client" clinical legal education as part of the LLB course as a means of improving access to justice for the indigent.
APA, Harvard, Vancouver, ISO, and other styles
7

Keith-Bandath, Rasheed. "The evasion of Section 187(1)(c) of the Labour Relations Act: National Union of Metalworkers of South Africa v Aveng Trident Steel (a division of Aveng Africa Proprietary Ltd) (JA25/18) [2019] ZALAC 36; (2019) 40 ILJ 2024 (LAC); [2019] 9 BLLR 899 (LAC)." Obiter 41, no. 3 (January 1, 2021): 642–50. http://dx.doi.org/10.17159/obiter.v41i3.9587.

Full text
Abstract:
Section 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), has over the years proven to be a controversial section. At the heart of the controversy is the question as to whether an employer may terminate employees’ contracts of employment based on operational requirements in circumstances where they refuse to accept changes to terms and conditions of employment. This question came before the courts on a number of occasions and answered in the affirmative by the Labour Appeal Court in Fry’s Metals (Pty) Ltd v National Union of Metalworkers of SA ((2003) 21 ILJ 133 (LAC)), and confirmed on appeal by the Supreme Court of Appeal in National Union of Metalworkers of SA v Fry’s Metals (Pty) Ltd (2005 (5) SA 433 (SCA)). However, the LRA has since been amended with the Labour Relations Amendment Act 6 of 2014 (LRAA). Whether an employer may, in light of the amendments, adopt this approach, was recently considered by the LabourAppeal Court in National Union of Metalworkers of South Africa v Aveng Trident Steel (a division of Aveng Africa Proprietary Ltd) ((JA25/18) [2019] ZALAC 36; (2019) 40 ILJ 2024 (LAC); [2019] 9 BLLR 899 (LAC) (13 June 2019) (Aveng case (LAC)). The judgment is noteworthy as it is the first time that the Labour Appeal Court (LAC) delivered judgment relating to section 187(1)(c) of the LRA post-amendment, thus providing a degree of judicial certainty on the interpretation to be accorded to the amended section.
APA, Harvard, Vancouver, ISO, and other styles
8

Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2450.

Full text
Abstract:
The last issue of 2013 consists of fourteen contributions dealing with a potpourri of topics. The first two articles are both by the same author. In the first one, André Louw addresses the recent, sometimes deplorable conduct of intellectual property (or IP) lawyers, and in the second one, André Louw explores the proper role and meaning of good faith (or bona fides) in contract law, and the approach of our courts to the application of this principle in individual cases involving claims of unfairness and the like. The third article, by Rufaro Mavunga, critically assesses the Minimum Age Convention 138 of 1973 and the Worst Forms of Child Labour Convention 182 of 1999. Nicholas Orago, in the fourth article, discusses socio-economic rights in Kenya and proposes that if the entrenched socio-economic rights are to achieve their transformative objectives, Kenyan courts must adopt a proportionality approach in the judicial adjudication of socio-economic rights disputes. The fifth article, by Oliver Fuo, explores and critically investigates the relevance and potential of integrated development planning in contributing towards the achievement of social justice in South Africa. Next, Michaela Young discusses the fate of informal fishers in the context of the Policy for the Small-Scale Fisheries Sector in South Africa. The second-last article, by Hermanus van der Merwe, provides a historical and teleological overview of the crime of direct and public incitement to commit genocide under international law, as well as the definitional elements thereof as interpreted and applied by the International Criminal Tribunal for Rwanda, before he continues to examine it in contemporary South African law. The last article, by Chuma Himonga, Max Taylor and Anne Pope, explores the scope and content of the ever elusive concept of ubuntu, as pronounced on by the judiciary in various cases, and demonstrates that its fundamental elements of respect, communalism, conciliation and inclusiveness enhance the constitutional interpretation landscape.
APA, Harvard, Vancouver, ISO, and other styles
9

Lichtenstein, Alex. "Challenging ‘umthetho we femu’ (the law of the firm): gender relations and shop-floor battles for union recognition in Natal's textile industry, 1973–85." Africa 87, no. 1 (January 27, 2017): 100–119. http://dx.doi.org/10.1017/s0001972016000711.

Full text
Abstract:
AbstractAs part of a growing working-class movement that sought full legal status as employees in South Africa, stable urban residence and union recognition, female African factory workers became part of a dynamic new labour movement emanating from the shop floor. At the same time, this new role allowed them to challenge patriarchal structures of authority in the factory, the community and the home. This article examines the gender dimension of a bitter inter-union rivalry that beset Durban's Frame textile complex during the early 1980s. With African unions at last recognized by the apartheid state, Frame sought to bolster the strength of a compliant company union in order to thwart the organizing drive of a more confrontational independent union, an affiliate of the newly established Federation of South African Trade Unions (FOSATU). This union rivalry was fought out in the courts as well as inside the factory, in the streets of Durban's townships, and in an African workers’ hostel in nearby Clermont. The legal dispute generated affidavits by women workers attesting to the pressures they faced to join the company union and their reasons for preferring FOSATU. This evidence shows that African women successfully challenged the patriarchal authority of male managers, security personnel, indunas and male co-workers at Frame in order to join an independent union.
APA, Harvard, Vancouver, ISO, and other styles
10

Ebrahim, Shamier. "The Interpretation to be accorded to the Term "Benefits" in Section 186(2)(A) of the LRA Continues: Apollo Tyres South Africa (PTY) LIMITED v CCMA (DA1/11) [2013] ZALAC 3." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (April 21, 2017): 612. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2267.

Full text
Abstract:
The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any unfair act or omission by an employer relating to the provision of benefits to an employee falls within the ambit of an unfair labour practice. In Schoeman v Samsung Electronics SA (Pty) Ltd[1] the Labour Court (the "LC") held that the term benefit could not be interpreted to include remuneration. It stated that a benefit is something extra from remuneration. In Gaylard v Telkom South Africa Ltd[2] the LC endorsed the decision in Samsung and held that if benefits were to be interpreted to include remuneration then this would curtail strike action with regard to issues of remuneration. In Hospersa v Northern Cape Provincial Administration[3] the issue regarding the interpretation of the term benefits did not relate to whether or not it included remuneration but rather to whether it included a hope to create new benefits which were non-existent. The Labour Appeal Court (the "LAC") held that the term benefits refers only to benefits which exist ex contractu or ex lege but does not include a hope to create new benefits. The LAC adopted this approach in order to maintain the separation between a dispute of interest and one of mutual interest, the latter being subject to arbitration whilst the former is subject to the collective bargaining process (strike action). In Protekon (Pty) Ltd v CCMA[4] the LC disagreed with the reasoning in Samsung and held that the term remuneration as defined in section 213 of the LRA is wide enough to include payment to employees, which may be described as benefits. The LC remarked that the statement in Samsung to the effect that a benefit is something extra from remuneration goes too far. It further remarked that the concern that the right to strike would be curtailed if remuneration were to fall within the ambit of benefits need not persist. It based this statement on the reasoning that if the issue in dispute concerns a demand by employees that certain benefits be granted then this is a matter for the collective bargaining process (strike action) but where the issue in dispute concerns the fairness of the employer’s conduct then this is subject to arbitration.[5] It is then no surprise that the issue regarding the interpretation of the term benefits once again came before the LAC in Apollo Tyres South Africa (Pty) Limited v CCMA & others.[6] The LAC was tasked with deciding if the term could be interpreted to include a benefit which is to be granted subject to the discretion of the employer upon application by the employee. In deciding this, the LAC overturned the decisions in Samsung and Hospersa and opted to follow the decision in Protekon. Apollo is worthy of note as it is the latest contribution from the LAC regarding the interpretation of the term benefits and it is of binding force for the Commission for Conciliation Mediation and Arbitration and Labour Courts in terms of the principle of stare decisis. The purpose of this note is threefold. Firstly, the facts, arguments and judgment in Apolloare stated briefly. Secondly, the judgment is critically analysed and commented upon. Thirdly, the note concludes by commenting on the way forward for benefit disputes in terms of section 186(2)(a) of the LRA.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "Labor courts – South Africa"

1

Sauls, Paul Anthony. "The review function of the labour court." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/821.

Full text
Abstract:
Under the 1956 Labour relations Act, parties who were dissatisfied with decisions of the then Industrial Court, could appeal to the old Labour Appeal Court, and then if still further unhappiness persists, to the former Appellate Division. Such appeals entailed placing before the court the complete record of the Industrial Court, and requesting it to decide if on the evidence, it would have come to the same conclusion. Sometimes the courts of appeal decide that they would, sometimes that they would not. When planning the new Labour Relations Act 66 of 1995, the Cheadle Commission decided that this process was too slow, too technical, too cumbersome and too expansive. So it recommended that, at least in the case of the most common disputes, the issues should be decided quickly, informally and finally by arbitration. Unless the parties agree to private arbitration under the Arbitration Act, 42 of 1956, the Commission for Conciliation, Mediation & Arbitration (CCMA) would supply the arbitrators, who would exercise their powers, not under agreed terms of reference, but under the LRA itself. Like private arbitrators, those of the CCMA are also meant to dispose of matters with a minimum of legal formalities (see section 138(1) of the LRA). But the drafters of the LRA did not mean to insulate arbitration awards entirely from the watchful eye of the Labour Court. They therefore specifically provided for review of CCMA arbitrations awards in section 145, but they also gave general powers of review in section 158(1)(g) respectively of the LRA. As if the jurisdictional puzzle created by the LRA was not complex enough, the legislature added the Promotion of Justice Act 3 of 2000. It is an attempt to give expression to the constitutional right of fair labour practices and the constitutional standard of lawfulness and rationality. If section 145 limits the grounds on which commissioners’ actions can be reviewed, or if that section cannot be interpreted to reconcile it with the PAJA, it may well be that section 145 cannot pass constitutional muster - unless that section constitutes a limitation compliant with section 36 of the Constitution. That would be for the Constitutional court to decide.
APA, Harvard, Vancouver, ISO, and other styles
2

Boyens, Marthinus Johannes. "Sidumo revisited." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1020117.

Full text
Abstract:
The primary purpose of this treatise is to revisit and reconsider the development of the review test set out in the Constitutional Court judgment of Sidumo & another v Rustenburg Platinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC) and consequently ascertain the correct approach to be adopted by our Labour Courts in the application of such test. The secondary purpose, entail the determination of the extent to which Labour Court judges interfere with the merits of awards and the resulting impact on the distinction between appeal and review. In order to establish whether the test for review was correctly developed and to determine whether our review proceedings deter recurrent interference by our judges, an edifying consideration of judicial review in South Africa, an extensive analysis of various judgements pertaining to such development, followed by a comprehensive comparison with the United Kingdom`s application of review proceedings and judicial composition are made. The research methodology is based on a contour of Sidumo, commencing with the Sidumo judgment, followed by three contentious Labour Appeal Court judgments and concluding with a Supreme Court of Appeal judgement, which clarifies the operation of the review test. The contour is interlinked with the notion of reasonableness. The primary research findings are identified in the judgment of Herholdt v Nedbank Ltd (2013) 34 ILJ 2795 (SCA). The judgment, concluding the Sidumo contour, underlines the current position in our law and consequent narrower approach. A comparison made with the United Kingdom, differentiate between such approach implemented by our courts and the strict gross unreasonableness approach applied by Employment Appeal Tribunals, recognising the finding, that our Labour Court judges ardently interfere with the merits of awards. In the conclusion it is submitted that our labour law jurisprudence will constantly evolve, dictated by our courts interpretation of lawfulness, reasonableness and fairness.
APA, Harvard, Vancouver, ISO, and other styles
3

Hanekom, Jurgens Philip. "The application of the hearsay rule in labour law proceedings." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/300.

Full text
Abstract:
To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.
APA, Harvard, Vancouver, ISO, and other styles
4

Petersen, Desmond. "Changing terms and conditions of employment in the South African labour relations arena -- the approach of the courts: A comparative analysis." University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

Full text
Abstract:
This paper focused on how competing interests of employers and employees are accomodated in the South African Labour Relations arena. An analysis of the legislative framework was undertaken to establish how the legislation provides for changes in workplace practices as well as the protection that it affords employees against unwanted or unilateral changes. The main focus of the research was on how the South African Courts have interpreted the legislation and how it has applied the law in cases involving the changing of terms and conditions of employment, that has come before it.
APA, Harvard, Vancouver, ISO, and other styles
5

Botma-Kleu, Carli Helena. "The role of reasonableness in the review of CCMA arbitration awards in South Africa : an English law comparison." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020196.

Full text
Abstract:
In South Africa, the Labour Courts have experienced an important and continuing controversy regarding the permissible scope of judicial review of arbitration awards of the Commission for Conciliation Mediation and Arbitration (“CCMA”) in terms of section 145 of the Labour Relations Act 66 of 1995 (“LRA”). Section 145(1) of the LRA specifically provides that arbitration awards, generally considered final and binding, can be reviewed and set aside by the Labour Court on the basis of a defect as defined in section 145(2)(a) and (b). These defects are not prescribed in an open-ended manner but limited to decisions involving allegations of misconduct by the commissioner in relation to his or her duties, a gross irregularity in the conduct of the proceedings and/or allegations that the commissioner exceeded his or her powers or that the award was improperly obtained. Unreasonableness and/or irrationality are not included within the scope of a defect as per section 145(2)(a) and (b). Initially, Carephone (Pty) Ltd v Marcus NO & others 1998 11 BLLR 1093 (LAC) found that the interpretation of section 145 was influenced by rational justifiability in accordance with the right to just administrative action as provided for in section 33, read with item 23(2) of Schedule 6, of the Constitution of the Republic of South Africa, 1996 (‘the 1996 Constitution’). Today, leading precedent in the form of Sidumo & another v Rustenburg Platinum Mines Ltd & others 2007 12 BLLR 1097 (CC) dictates that section 145 of the LRA is suffused by reasonableness in accordance with the right to just administrative action as provided for in section 33 of the 1996 Constitution. The ultimate enquiry is whether the arbitration award is one that a reasonable decision-maker could reach as articulated in Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and others 2004 4 SA 490 (CC). However, the enquiry into the reasonableness of a decision is indistinct. As a result, the Labour Courts have struggled to apply the concept of reasonableness in a consistent manner. This thesis seeks to identify the proper role of reasonableness in the judicial review process, including identifying factors that would assist in recognising an unreasonable decision. Relevant principles of judicial review in South Africa in the general administrative law context are considered and distinguished from the process of appeal. An assessment of English case law and commentary in the field of both administrative and employment law is conducted. Finally an extensive examination of South African case law and commentary on the subject, both pre- and post Sidumo, is undertaken. The English law approach is found to provide greater clarity to the interpretation of reasonableness in South African labour law in several respects.
APA, Harvard, Vancouver, ISO, and other styles
6

Nengovhela, Livhuwani Adolphus. "The contribution of the Labour Court to the development of strike law." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/430.

Full text
Abstract:
The Labour Relations Act 66 of 1995 brought a number of changes in the labour relations environment from its inception on 11 November 1996. The Act codified Industrial Court decisions that were already established under the strike-law jurisprudence from the Labour Relations Act 28 of 1956. These general changes to the law also impact on the strike-law regime. The purpose of this paper is to give an overview of the contributions made by the Labour Courts1 in developing strike law from the inception of the Act. The Labour Courts have made a number of decisions that have helped in clarifying the provisions of the Act. One should hasten to say that this has never been a smooth process by the courts. It will further be shown in this paper that some of the court decisions were not well accepted in the light of other considerations, such as the Constitution and the previous Industrial Court decisions. On some occasions the Constitutional Court had to intervene in order to clarify the intention of the legislature. For the purpose of effectively dealing with this topic, I shall briefly give the historical context of strike law in the form of common-law position, and the strike-law position before the Bill of Rights and the Constitution. I shall then endeavour to identify the legislative provision of the Act when it comes to strike-law provisions, at the same time identifying the important court decisions that were made.
APA, Harvard, Vancouver, ISO, and other styles
7

Partington, Jonathan. "Re(viewing) the constitutional court's decision in Sidumo v Rustenburg Platinum Ltd." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1032.

Full text
Abstract:
In Sidumo v Rustenburg Platinum Ltd ((2007) 12 BLLR 1097 (CC); (2007) 28 ILJ 2405 (CC); 2008 (2) SA 24 (CC)) the Constitutional Court made two findings of immense significance for dismissed employees: firstly, the court rejected the use of the so-called “reasonable employer” test in our law, a test which traditionally required arbitrators and courts evaluating the fairness of a dismissal for proven misconduct to treat the employer’s decision on sanction with a measure of deference; and secondly, on scrutiny of the more controversial issue before the court, to wit, the basis, if any, upon which arbitrators are obliged to make reasonable decisions, the court (in confirming that arbitrators are so obliged) held that the obligation to do so suffuses section 145 of the LRA, and that the extended review grounds legislated under PAJA do not apply. In the present article these judicial conclusions are critically analysed and evaluated, and a number of submissions are made, inter alia: it is submitted that the Constitutional Court’s rejection of the “reasonable employer” test was premised on a fundamental misinterpretation of the test; that while the court’s attempt to locate the reasonableness standard within the LRA was perhaps justifiable, the court failed to consider properly, or at all, the wording of section 145 and its history, with the consequence that the court failed to appreciate that section 145 of the LRA (save on an unduly strained interpretation) could not conceivably be construed to cater, in itself and without more, for the constitutional right to lawful, reasonable and procedurally fair administrative action; and further, that the labour landscape post-Sidumo is, to an extent, unquestionably one bathed in greater uncertainty. In conclusion, the author poses the question whether, on a review of Sidumo, the Constitutional Court should not be considered to have fallen short of fulfilling its constitutional obligations under the rule of law.
APA, Harvard, Vancouver, ISO, and other styles
8

Brett, Acama Uzell. "A critical analysis of how the courts apply the standard of reasonableness in reviewing arbitration awards." University of the Western Cape, 2015. http://hdl.handle.net/11394/5350.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Wagener, Pieter Cornelius. "The concurrent jurisdiction of the Labour Court and the High Court." Thesis, University of Port Elizabeth, 2002. http://hdl.handle.net/10948/286.

Full text
Abstract:
An overview is given of the difficulties surrounding the concurrent jurisdiction of the Labour Court and High Court The main categories of the jurisdictional dispute are identified and systemised. The main branches are those of statutory overlap and interpretation of statutes. Statutory overlap concerns matters remaining from the industrial court era, urgent applications, delict and law of contract. Statutory interpretation mainly involves the interpretation of provisions in the Bill of Rights of the Constitution. An overview of the principles of jurisdiction with respect to the different courts, as well as a brief historical review of the development of such jurisdiction is given. Particular attention is given to the role of fundamental rights in the Constitution. Broad principles are identified whereby the difficulties may be addressed.
APA, Harvard, Vancouver, ISO, and other styles
10

Nina, Daniel. "Popular justice in a "new South Africa": from people's courts to community courts in Alexandra." Centre for Applied Legal Studies, University of the Witwatersrand, 1992. http://hdl.handle.net/10962/72807.

Full text
Abstract:
Imagine a "new South Africa" in which, to borrow an idea from a former bureaucrat of the US State Department, history has come to an end.3 A new society in which class, race and gender are no longer necessary categories to define the social phenomenon. South Africa will be, then, the "terrestrial paradise". However, I am afraid to remind the reader that in this particular African country, history has not come to an end. This country experiences the most open and rude expression of struggle (class, race and gender), and it is difficult to foresee that in this period of transition, history or the struggle, will come to an end. Popular justice vis ei vis state justice is, perhaps, one of the best examples in which the struggle between the oppressed and the oppressors is manifested. But the popular justice that I am thinking of, is that particular experience of "people’s legality" that has emerged in South Africa since the popular revolts of the mid-1980s. It could have its origins in African (customary) traditions (Bapela, 1987), but the cultural experience that emerged during the last decade went beyond its traditionalist roots (Suttner, 1986). Thus, the distinctive element of popular justice is that it has been ingrained in a democratic movement for empowering the people. What people?4 Whose justice? In the specific context of South Africa, by people I understand the working class and working classes, unemployed and marginal sectors, and different social sectors that are struggling for equality (ie the youth, women, gays and lesbians, and others). By justice, I mean the development of a new legality that will take into consideration the many gains that have been achieved within the Western legal system of "rights and obligations" (Pashukanis, 1978:100), and that goes beyond that model in the construction of a democratic society with wider social participation. So far, it has been in South Africa’s black townships that an incipient expression of popular justice has emerged.6 The 1980s people’s courts represented a synthesis of a popular project defining its own structures of legality. State repression over these popular structures did not represent the end of the project. In contrast to other points of view that have viewed this experience as a prefigurative enterprise that did not accomplish its aims (see in general Allison, 1990), I argue that the experience of popular justice of the 1980s laid the foundation for a (long term) project leading towards a radical conception of democracy (Laclau, 1990:chapter 6).
Occasional papers (University of the Witwatersrand. Centre for Applied Legal Studies) ; v. 15
APA, Harvard, Vancouver, ISO, and other styles
More sources

Books on the topic "Labor courts – South Africa"

1

Fouché, Marion. Rules of the CCMA and the labour courts. 2nd ed. Durban: LexisNexis, 2009.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
2

Collective bargaining in South Africa. 2nd ed. Johannesburg: Macmillan, 1985.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
3

McLachlan, Fiona. Children: Their courts and institutions in South Africa. [Cape Town]: Institute of Criminology, University of Cape Town, 1986.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
4

The judiciary in South Africa. Claremont, Cape Town: Juta, 2014.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
5

Wohlmuth, Karl. Employment and labour policies in South Africa. Bremen: Institut für Weltwirtschaft und Internationales Manage (IWIM), Universität Bremen, Fachbereich Wirtschaftswissenschaft, 1996.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
6

Manual: Addressing child labour in South Africa. Pretoria: Department of Labour, and, Programme Towards the Elimination of the Worst Forms of Child Labour, 2008.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
7

Seal, Matthew. Living & working in South Africa: Survive and thrive in the new South Africa. Oxford, U.K: How To Books, 2000.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
8

Shorter working hours: Possibilities for South Africa. Cape Town: Southern Africa Labour and Development Research Unit, 1990.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
9

Go, Delfin S. Wage subsidy and labor market flexibility in south africa. [Washington, D.C: World Bank, 2009.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
10

South Africa: Black blood on British hands. London: Junius, 1985.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
More sources

Book chapters on the topic "Labor courts – South Africa"

1

Bronstein, Victoria. "The courts and the provinces in South Africa." In Federalism and the Courts in Africa, 68–102. New York : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429294501-5.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Fuo, Oliver. "The courts and local governments in South Africa." In Federalism and the Courts in Africa, 103–23. New York : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429294501-6.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Ghosh, Jayati. "Perspectives from Labor Studies in South Asia." In Labor and Rainfed Agriculture in West Asia and North Africa, 93–99. Dordrecht: Springer Netherlands, 1990. http://dx.doi.org/10.1007/978-94-009-0561-0_5.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Jordaan, Barney. "Mediation and Conciliation in Collective Labor Conflicts in South Africa." In Mediation in Collective Labor Conflicts, 293–308. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-92531-8_19.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

O’Connor, Francis. "5. The Marikana Massacre and Labor Protest in South Africa." In Global Diffusion of Protest, edited by Donatella della Porta, 113–36. Amsterdam: Amsterdam University Press, 2017. http://dx.doi.org/10.1515/9789048531356-006.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Rautenbach, Christa. "South Africa: Legal Recognition of Traditional Courts — Legal Pluralism in Action." In Non-State Justice Institutions and the Law, 121–51. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137403285_6.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Miller, Darlene. "Changing African Cityscapes: Regional Claims of African Labor at South African-Owned Shopping Malls." In Cities in Contemporary Africa, 149–72. New York: Palgrave Macmillan US, 2006. http://dx.doi.org/10.1057/9780230603349_7.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Schärf, Wilfried, and Baba Ngcokoto. "Images of Punishment in the People’s Courts of Cape Town 1985–7: from Prefigurative Justice to Populist Violence." In Political Violence and the Struggle in South Africa, 341–71. London: Palgrave Macmillan UK, 1990. http://dx.doi.org/10.1007/978-1-349-21074-9_14.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Gelb, Stephen, and Anthony Black. "Globalization in a Middle-income Economy: FDI, Production, and the Labor Market in South Africa." In Labor and the Globalization of Production, 179–206. London: Palgrave Macmillan UK, 2004. http://dx.doi.org/10.1057/9780230523968_8.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Freund, William. "Organized Labor in the Republic of South Africa: History and Democratic Transition." In Trade Unions and the Coming of Democracy in Africa, 199–227. New York: Palgrave Macmillan US, 2007. http://dx.doi.org/10.1057/9780230610033_7.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Reports on the topic "Labor courts – South Africa"

1

Levinsohn, James, Zoë McLaren, Olive Shisana, and Khangelani Zuma. HIV Status and Labor Market Participation in South Africa. Cambridge, MA: National Bureau of Economic Research, March 2011. http://dx.doi.org/10.3386/w16901.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Ardington, Cally, Anne Case, and Victoria Hosegood. Labor Supply Responses to Large Social Transfers: Longitudinal Evidence from South Africa. Cambridge, MA: National Bureau of Economic Research, September 2007. http://dx.doi.org/10.3386/w13442.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Edmonds, Eric. Does Illiquidity Alter Child Labor and Schooling Decisions? Evidence from Household Responses to Anticipated Cash Transfers in South Africa. Cambridge, MA: National Bureau of Economic Research, February 2004. http://dx.doi.org/10.3386/w10265.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Johnson, Eric M., Robert Urquhart, and Maggie O'Neil. The Importance of Geospatial Data to Labor Market Information. RTI Press, June 2018. http://dx.doi.org/10.3768/rtipress.2018.pb.0017.1806.

Full text
Abstract:
School-to-work transition data are an important component of labor market information systems (LMIS). Policy makers, researchers, and education providers benefit from knowing how long it takes work-seekers to find employment, how and where they search for employment, the quality of employment obtained, and how steady it is over time. In less-developed countries, these data are poorly collected, or not collected at all, a situation the International Labour Organization and other donors have attempted to change. However, LMIS reform efforts typically miss a critical part of the picture—the geospatial aspects of these transitions. Few LMIS systems fully consider or integrate geospatial school-to-work transition information, ignoring data critical to understanding and supporting successful and sustainable employment: employer locations; transportation infrastructure; commute time, distance, and cost; location of employment services; and other geographic barriers to employment. We provide recently collected geospatial school-to-work transition data from South Africa and Kenya to demonstrate the importance of these data and their implications for labor market and urban development policy.
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'Labor courts – South Africa' for particular source types:
Journal articles Dissertations / Theses Books
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography