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Academic literature on the topic 'S26 of the Labour Relations Act. 66 of 1995'
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Journal articles on the topic "S26 of the Labour Relations Act. 66 of 1995"
1
Geldenhuys, Judith. "THE REINSTATEMENT AND COMPENSATION CONUNDRUM IN SOUTH AFRICAN LABOUR LAW." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (May 30, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1172.
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The SBV Services (Pty) Ltd case brought a novel concept into the labour dispute resolution arena: arbitrators must inform employees who succeed in proving that they were dismissed for an unfair reason of the implications of a reinstatement or compensation order in terms of the Labour Relations Act 66 of 1995 before making an award. This case discussion highlights how the court, under the pennant of the interests of justice, made injudicious errors in the interpretation and application of accepted legal principles, and the potential negative effects that enforcement of this principle could have.
2
Schoeman, Heidi C. "The Rights Granted to Trade Unions under the Companies Act 71 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (May 3, 2017): 236. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2365.
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With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the case in labour law, but in some cases it grants rights to trade unions representing employees at the workplace. It is argued that rights afforded to trade unions by the act ought to be granted only to trade unions that are registered in terms of the Labour Relations Act 66 of 1995. In addition, it is also argued that the Companies Act 71 of 2008 ought in principle to differentiate between rights that are granted to registered trade unions representing employees at the workplace and rights that are granted to registered majority trade unions, or at the least to sufficiently representative trade unions.
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.
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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.
4
Phulu, Thandekile. "Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?" African Journal of Employee Relations (Formerly South African Journal of Labour Relations) 41 (January 19, 2018): 57–63. http://dx.doi.org/10.25159/2520-3223/3769.
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In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.
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Van Der Walt, R. "Have workplace forums contributed to worker participation? Some management perceptions." South African Journal of Business Management 39, no. 2 (June 30, 2008): 45–51. http://dx.doi.org/10.4102/sajbm.v39i2.560.
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The Labour Relations Act No. 66 of 1995 introduced workplace forums (WPFs) as a structure to promote employee participation in decision-making in the workplace. The study gathered the perceptions of management representatives regarding the reason(s) for the establishment, the process of establishment as well as the functioning of workplace forums in their respective organisations. The results indicate that contrary to popular belief management representatives understand that greater employee participation is the reason for the establishment of a workplace forum and that the establishment and functioning of workplace forums take place in accordance with the prescriptions of the Act. It is recommended that management create a climate in which more workplace forums can be established.
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Grobler, P. A., M. Kirsten, and S. Wärnich. "Building capacity for their members: What employers’ organisations in South Africa need to know." South African Journal of Business Management 36, no. 2 (June 30, 2005): 39–56. http://dx.doi.org/10.4102/sajbm.v36i2.626.
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According to Chapter 2 of the Labour Relations Act 66 of 1995, employers, like trade unions, have a right to freedom of association. However, hardly any research has been conducted to establish the efficiency/effectiveness of employers’ organisations. The question thus is: To what extent do members (companies) make use of the services rendered by their employers’ organisations, and how satisfied are they with the service provided? From this study it is clear that a small percentage of companies avail themselves of the services of employers’ organisations. Popular areas of contact appear to be human resource management, labour relations and training. A number of problems in the area of client satisfaction have been identified and recommendations are made to increase the efficiency/effectiveness of employers’ organisations. It is clear that despite the limited use of their services, employers’ organisations continue to fulfil a key role in the labour dispensation in South Africa.
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Kruger, Johan, and Clarence Itumeleng Tshoose. "The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (May 17, 2017): 284. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2416.
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The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level. It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.
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Van Eck, Stefan, and Tungamirai Kujinga. "The Role of the Labour Court in Collective Bargaining: Altering the Protected Status of Strikes on Grounds of Violence in National Union of Food Beverage Wine Spirits & Allied Workers v Universal Product Network (Pty) Ltd (2016) 37 ILJ 476 (LC)." Potchefstroom Electronic Law Journal 20 (December 18, 2017): 1–20. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1774.
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This note explores the powers of the Labour Court as envisaged in the Labour Relations Act 66 of 1995 (LRA), where a protected strike disintegrates into violent riotous conduct. The legal status of protected strikes raises important questions of law, namely: whether the Labour Court has the authority to alter the legal status of a strike; the autonomy of collective bargaining; and the legal test which the Labour Court should apply when intervening. The court in National Union of Food Beverage Wine Spirits & Allied Workers v Universal Product Network (Pty) Ltd 2016 37 ILJ 476 (LC) dealt with this precise problem. There can be no doubt that South Africa is plagued by widespread strike violence which often occur during protected strikes. However, this contribution poses the question whether the Labour Court has not overstepped its mandated jurisdiction and it questions whether such alterations of the status of strikes would have a positive effect on the institution of collective bargaining.
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Van der Walt, R. "Sharing business information with employees." South African Journal of Economic and Management Sciences 6, no. 3 (September 30, 2003): 542–61. http://dx.doi.org/10.4102/sajems.v6i3.3305.
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The adoption of legislation such as the Labour Relations Act No 66 of 1995 and the Promotion of Access to Information Act No 2 of 2000 has brought about radical change in the process of disclosure of information in South African organisations. The article reviews developments in respect of information disclosure in South Africa and other countries and discusses the effects of the LRA in regard to disclosure of information to trade unions and workplace forums. It then describes a study conducted by the author and discusses the findings. It concludes with pointing out certain shortcomings in the disclosure process and urges managements and the trade unions to work together to improve this important tool for achieving success in organisations and enhancing industrial democracy.
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Huysamen, Elsabé. "An Overview of Fixed-Term Contracts of Employment as a Form of A-typical Employment in South Africa." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–42. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4605.
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A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, however, by unscrupulous employers and are generally regarded as providing less security to employees than permanent employment. The article considers the general use of fixed-term contracts and addresses selected issues pertaining to the 2014 amendments to the Labour Relations Act 66 of 1995 in as far as these contracts are concerned. The article also considers the potential effect these amendments might have on common historic problems associated with fixed-term contracts and highlights certain unresolved problem areas and uncertainties.
Dissertations / Theses on the topic "S26 of the Labour Relations Act. 66 of 1995"
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Van, der Merwe Johannes Jacobus. "Conscientious objectors, closed shop agreements and freedom of association / by J.J. van der Merwe." Thesis, North-West University, 2005. http://hdl.handle.net/10394/1131.
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Section 26 of the Labour Relations Act 95 of 1996 makes provision for the
introduction of closed shop agreements at the workplace between majority
unions and employers. All employees covered by such agreements are
required to be members of such unions or otherwise face the possibility of
dismissal. "Conscientious objector" employees are an exception to this
rule. The purpose of this submission is to investigate the constitutional
validity of s26 in the light of the fundamental right to freedom of association
in the Constitution of the Republic of South Africa, 1 996 whilst investigating
the position of "conscientious objectors" in certain foreign jurisdictions.Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.
2
Pather, Sivalingam. "Workplace forums in terms of the labour relations act 66 of 1995." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/845.
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The promulgation into law of the concept of workplace forums has been beset with immense criticism and opposition from organized labour and some quarters of organized business. Last ditch efforts by the Ministerial Task Team had won the day for the inclusion of this controversial provision in the new Labour Relations Act.1 Commentators on the Act tend to agree that the fallout with organized labour at the negotiations has probably set the scene as to whether the provisions would be widely used or not. History has shown that the establishment of such forums in workplaces has been low. In some situations where workplace forums had been established, their continuous sustainability was put into doubt. This has led to the de-establishment of some of these forums in some workplaces. Various reasons were provided, but the prime factors for its failure could be traced back to the negotiations at NEDLAC. The unions opposed the original proposal by government that minority unions and even non-union employees can trigger the establishment of a workplace forum and insisted that this be restricted to majority unions. The voluntary nature regarding the establishment of a workplace forum and the trigger that only a majority union can invoke the provisions has still seen unions reluctant to utilize the provisions since it did not serve their purpose. The aims of the provisions, namely to increase workplace democracy, was therefore thwarted in favour of more informal procedures. Although the idea is a noble one, it is argued that the introduction of the provisions was ill-timed and inappropriate. The lesson that the legislature can take is that for any provision to be a success, buy-in from all stakeholders is paramount. Research has shown that there was a steady decline in the establishment of workplace forums. Since December 2004 there was not a single application received by the Commission for Conciliation, mediation and Arbitration. There is also doubt as to whether any of the Forums that were previously established are still functional. What is certain is that statutory workplace forums is not at the forefront as a vehicle for change that was envisaged in the Explanatory Memorandum that accompanied the new Labour Relations Act. What is also certain is that employers and employees are utilizing other forums to ensure workplace participation. These forums, however, only provide a voice to unionized workers. The vast majority of non-union workers remain voiceless. The proposed amendments in 2002 that intimated that the trigger be any union and not only majority unions failed to be passed into law. Perhaps it is that type of catalyst that is required to give life to the provisions. The future of workplace forums in South Africa is bleak and will continue to be if there is no intervention by the parties at NEDLAC to revive it. A complete revamp of the legislation would be required for such a revival. Some commentators have made meaningful suggestions on changes that can be made to the legislation to make workplace forums more attractive. Some have suggested it be scrapped altogether and future workplace participatory structures should be left to the parties to embrace voluntarily. Workplace forums are a novel innovation with great potential to encourage workplace democracy. There is nothing wrong with the concept. The application of such forums in the South African context is what is concerning. Perhaps prior experience and experimentation with similar type forums have tarnished workplace participation. The strategies by the previous regime and some employers have caused such participation to equate to co-option. Perhaps not enough spade work was done to ensure that the climate and attitude of the parties was conducive for its introduction. What is paramount no matter the form it takes is that workplace participation is crucial for economic growth and the introduction of new work methods to improve productivity. Without the establishment of such forums, whether voluntary or statutory, the ‘second channel principle’ that promotes non-adversarial workplace joint decision-making would be lost and conflict based participation could spiral leading to economic disaster.
3
Mzimba, Nomlindelo. "The significance of the amendments made to section 198 of the Labour Relations Act 66 of 1995." University of the Western Cape, 2018. http://hdl.handle.net/11394/6549.
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Magister Philosophiae - MPhilIn the South African employment context, temporary employment service (hereinafter referred as TES), also known as labour broking, is regulated by the Labour Relations Act.1 Under the previous LRA (prior 2014 legislative amendments), employees of TES have been challenged in respect of exercising their labour law rights and that subjected them to exploitation. Such exploitation called for the government of South Africa to effect some amendments on the LRA with a view to protect TES employees. This was done through Labour Relations amendment Act no 06 of 2014, which came into force in August 2014. The relationship in TES involved three parties, such as, client, labour broker and an employee. A labour broker entered into a commercial contract with a client, in terms of which the former would provide employees to the client. An employment contract will then be entered into between labour broker and an employee. The duration of employment contract would mostly be determined by as long as the client requires services of a placed employee. No employment contract was entered into between an employee and the client. This is despite the fact that a client had directly enjoyed services of the employee.
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Jones, Jonathan. "The interpretation and effect of section 197 of the Labour Relations Act 66 of 1995." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52544.
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Thesis (LLM)--University of Stellenbosch, 2001.ENGLISH ABSTRACT: Section 197 of the Labour Relations Act 66 of 1995 ensures the transfer of a contract of employment from an old employer to a new employer on the transfer of a business as a gomg concern. Although section 197 is mostly based on European and British statutes and regulations, one should not rely on foreign provisions when interpreting section 197 without careful consideration. It is only when we understand the inherent limitations of applying these provisions, that they can be of any help to formulate definitions for the terms "transfer", "business" and "going concern". The two most important effects that section 197 has, is that it ensures the transfer of the contract of employment and that it protects the terms and conditions of employment when such a transfer takes place. Unfortunately, this section does not regulate dismissal on the transfer of a business. Section 197 also does not deal satisfactorily with the transfer of contracts of employment on the transfer of an insolvent business. As a result of the above-mentioned and other shortcomings of the current section 197, it was decided to amend the Act. The Labour Relations Amendment Bill 2000 relies heavily on precedents from foreign law, but unfortunately it does not adequately address all the current problems.
AFRIKAANSE OPSOMMING: Artikel 197 van die Wet op Arbeidsverhoudinge 66 van 1995 verseker die oordrag van 'n dienskontrak van 'n ou werkgewer na 'n nuwe werkgewer by die oordrag van 'n besigheid as 'n lopende onderneming. Alhoewel artikel 197 gebaseer is op Europese en Britse wetgewing en regulasies, moet die leser versigtig wees om sulke bepalings sonder skroom aan te wend by die interpretrasie van artikel 197. Wanneer ons die inherente beperkings daarvan begryp, mag die bepalings van hulp wees om definisies te vorm van die begrippe "oordrag", "besigheid" en "lopende onderneming". Artikel 197 het hoofsaaklik twee uitwerkings: dit fasiliteer die oordrag van die dienskontrak en verseker dat die terme en voorwaardes van indiensneming onveranderd bly. Die artikel reguleer nie ontslag by die oordrag van 'n besigheid nie. Artikel 197 reguleer ook nie genoegsaam die oordrag van dienskontrakte waar 'n insolvente besigheid oorgedra word nie. As gevolg van bogenoemde en ander tekortkominge is besluit om die Wet te wysig. Die Wysigingswetsontwerp op Arbeidverhoudinge 2000 steun op buitelandse presedente, maar spreek ongelukkig ook nie al die huidige probleme suksesvol aan nie.
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Smit, P. A. (Paul Andries). "Disciplinary enquiries in terms of schedule 8 of the Labour Relations Act 66 of 1995." Thesis, University of Pretoria, 2010. http://hdl.handle.net/2263/28184.
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One of the most dramatic events in any employee’s working career is to be dismissed and even more so if the employee regards the dismissal as unfair. The right not to be unfairly dismissed is considered one of the most basic workers’ rights in South Africa and is also contained in Convention C158 of the International Labour Organization (ILO). Section 23(1)(a) of the South African Constitution states that: “[e]veryone has the right to fair labour practices.” Labour legislation gives effect to this right in section 1(a) and 1 (b) of the LRA which states: “to give effect to and regulate the fundamental rights conferred by section 23 of the Constitution; to give effect to the obligations incurred by the Republic as a member state of the ILO.” Section 185(a) of the Labour Relations Act also states that: “[e]very employee has the right not to be unfairly dismissed.” Section 188(1)(a) – (b) expands on this protection against unfair dismissal by providing that a dismissal will be unfair: “if the employer fails to prove … that the dismissal was effected in accordance with a fair procedure”. The pre-dismissal procedures that must be followed by the employer have been codified to some extent in the Code of Good Practice: Dismissal, contained in Schedule 8 of the LRA. In terms of section 138(6) and section 203(3) of the LRA, commissioners who are required to determine if a dismissal was procedurally fair are compelled to take Schedule 8 into consideration. The main objectives of this thesis were to critically evaluate the content and application of those provisions of Schedule 8 that establish procedural requirements to disciplinary enquiries and to recommend possible changes to the Code of Good Practice: Dismissal. It is apparent that the procedural requirements for a disciplinary enquiry in terms of Schedule 8 are vastly different from those that still form the basis of most disciplinary codes and procedures implemented by employers after the Mahlangu v CIM Deltak judgment of the former Industrial Court in 1986. It is also clear that the principles of ILO Convention C158 are given effect in South Africa’s dismissal law. Procedural fairness in disciplinary enquiries does not lie in elaborate, complex and rigid court-like procedures but in flexibility and in adhering to the audi alteram partem principle. A disciplinary enquiry is not a court case and the workplace is not a court of law. The belief that South Africa’s dismissal law is rigid and inflexible is inaccurate. A comparative analysis of South African dismissal law with ILO Convention C158 and three other international jurisdictions clearly demonstrates that the dismissal regime in South Africa makes provision for flexibility. Employers, employees, trade unions, labour consultants and lawyers are all to blame for the formal court-like procedures that form the basis of most disciplinary enquiries in the workplace in South Africa today. The guidelines provided by Schedule 8 are in line with the ILO’s principles. Consequently disciplinary enquiries should be handled according to those principles. The disciplinary codes and procedures of employers should be amended to reflect the core principles of ILO Convention C158 and the five basic guidelines contained in Schedule 8. Furthermore disciplinary codes and procedures should not be used as an inflexible set of rules but as a guideline from which some deviation is permissible in certain circumstances.Thesis (PhD)--University of Pretoria, 2010.
Human Resource Management
unrestricted
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Mabogoane, Segotsi. "The impact of Labour Relations Act (Act 66 of 1995) at Vista University (Mamelodi Campus) from the year 1981-2004." Pretoria : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-02132007-174634.
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Khoza, Francisco Jabulani. "An examination of employee participation as provided for in the Labour Relations Act 66 of 1995." Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1003191.
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The thesis covers the field of labour law known as employee participation in decision-making. It deals with the examination of the extent to which the Labour Relations Act 66 of 1995 (the Act) promotes employee participation in decision-making. Firstly, the analysis shows that employee participation in decision-making is an aspect of democracy, which is translated into industrial democracy in industrial relations. In South Africa the philosophical foundation of employee participation is supported by the Constitution of the Republic of South Africa Act 108 of 1996 which embodies democratic values permeating all areas of the law including labour law. Secondly, the study elucidates the jurisprudential background of employee participation in South Africa. There is evidence of the development of some principles of participation like consultation; information disclosure; and the existence of participatory forums like works councils under the LRA 28 of 1956. Thirdly, in evaluating the extent to which the LRA 66 of 1995 promotes employee participation, the following aspects are covered: the relevance and contribution of information disclosure; the effect of consultation prior to dismissal for operational requirements; the role of collective bargaining; and the contribution of workplace forums. The conclusion is reached that all the foregoing aspects of the LRA 66 of 1995 will contribute to the promotion of employee participation in decision-making. The Labour Court and the Commission for Conciliation Mediation and Arbitration can also ensure that in interpreting the Act employee participation is promoted where appropriate. Finally, employers and employees will have to accept this necessary partnership for the entrenchment of employee participation in decision-making.
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Tsebe, Mogaba Daniel. ""The impact of the Labour Relations Act, 1995 (ACT 66 of 1995) on the transformation of the public service delivery at Mokopane Hospital in Limpopo"." Thesis, University of Limpopo (Turfloop Campus), 2008. http://hdl.handle.net/10386/732.
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Thesis (MPA. (Public Administration) -University of Limpopo, 2008Today, in South Africa, as we grapple with challenges brought by our new democracy, its appropriate to have practical guide that guide that can be used not primarily on issues of labour relations but also on issues of service delivery improvements. This study comes at the most opportune time, when all involved have to help shaping the public service and to come to grips with the implications of Labour Relations Act, 1995 (Act 66 of 1996). The study’s main objective is to find out the major labour related conflicts that are prominent at Mokopane Provincial Hospital and broadly discuss them in order to find out if they are threats to service delivery. After identifying threats to service delivery, it shall be appropriate to recommend through the application of the Labour Relations Act, 1995 (Act 66 of 1995), important areas that will enhance service delivery. In brief, this study is intending to close gaps between labour relations issues and service delivery.
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Rune, Mawethu Siyabulela. "Application of Section 189 and Section 189A of the Labour Relations Act 66 of 1995 as amended." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1281.
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Economies worldwide have become more integrated and competitive due to the phenomenon of globalisation and its antecedents, which are improved technological communication, the use of technology in production, ever improving management of skills as well as standards of education. Amongst the consequences have been changing demands and rising expectations in terms of employee remuneration, job security and conditions of work. This has at the same time been accompanied by employers expecting greater profit. Against this backdrop, this treatise seeks to interrogate and to explain the processes that should constitute fair, rational and justifiable employee dismissal for operational purposes. This is done bearing in mind the global economic crisis and its impact on employees. The treatise constitutes an attempt to carve a cushioning mechanism for employees in the midst of the global economic storm. We consider the inadequacies of common law principles. We also submit that section 189 in its present form and its application by courts do not provide for substantive fairness interrogation when dealing with dismissal for operational reasons. We explore the legislative framework, interpretation by leading academics as well as applications by courts of section 189A, which prescribes that if dismissal is based on operational reasons, consideration must not only be based on substantive and procedural fairness but also that proper consideration of alternatives must have been explored before dismissal is effected.
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Hwani, Gilbert. "Interpreting the 2015 amendments to the Labour Relations Act 66 of 1995 in light of the underlying purpose of South Africa's labour laws." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16539.
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Includes bibliographical referencesThe aim this dissertation is to establish what the purpose of labour law is and thereafter determine whether or not the Labour Relations Act 66 of 1995 (LRA) is doing enough to make sure that such purpose is realised. It is important to note that this paper is only limited to the purpose of labour law and the application of the LRA as far as non-standard workers (particularly temporary employment services) are concerned. If the purpose of labour law is established it will be easier for the legislator to focus the developments of the LRA in line with the desired purpose. Furthermore, an understanding of the purpose of labour law, makes the job of the courts much easier when it comes to the interpretation of such provisions. In doing so the non-standard workers will be protected from some of the difficulties which they are currently facing in the workplace.
Books on the topic "S26 of the Labour Relations Act. 66 of 1995"
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Labour Relations Act: 66 of 1995. Kenwyn: Juta in association with Workplace Solutions, 1998.
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Africa, South. Regulations in terms of the Labour Relations Act 66 of 1995. 5th ed. Cape Town: Juta Law, 2010.
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4
Africa, South. Regulations in terms of the Labour Relations Act 66 of 1995. Edited by Juta Law (Firm). 3rd ed. Wetton, Cape Town: Juta Law, 2008.
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Africa, South. Regulations in terms of the Labour Relations Act, 66 of 1995. Edited by Juta Law (Firm). 4th ed. Cape Town: Juta Law, 2009.
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Africa, South. Regulations in terms of the Labour Relations Act 66 of 1995. Edited by Juta Law (Firm). 3rd ed. Wetton, Cape Town: Juta Law, 2008.
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Africa, South. Labour Relations Act 66 of 1995: Updated 2010, including the CCMA rules. Edited by Juta Law (Firm) and Workplace Solutions. Cape Town, South Africa: Juta Law in association with Workplace Solutions, 2010.
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Africa, South. Labour Relations Act 66 of 1995: Updated 2006, including the CCMA Rules. Edited by Juta Law (Firm) and Workplace Solutions. 9th ed. Lansdowne: Juta Law in association with Workplace Solutions, 2006.
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(Firm), Juta Law, and Workplace Solutions, eds. Labour Relations Act: 66 of 1995 : updated 2009 : including the CCMA rules. Cape Town: Juta Law in association with Workplace Soutions, 2009.
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Africa, South. Labour Relations Act 66 of 1995 : $b updated 2009, including the CCMA Rules / $c edited by Juta's Statutes Editors and Workplace Solutions. Cape Town, South Africa: Juta Law in association with Workplace Solutions, 2009.
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