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A legal analysis of the adversarial nature of collective bargaining
(North-West University (South Africa), Potchefstroom Campus, 2017)
The principle of collective bargaining may be regarded as one of the major institutions
of employment relationships as it plays a pivotal role in regulating and restoring the
employment relationship between the employer ...
The role of bargaining councils in a collective bargaining framework in the garment industry : a lesson for Lesotho
(2014)
The International Labour Organisation (ILO) is dedicated to achieving social justice throughout the world. It specifically recognises the right to collective bargaining as one of the main drivers of its ambitions. It desires ...
A demarcation of majoritarianism within the South African and German labour law context
(North-West University (South Africa) , Potchefstroom Campus, 2016)
Trade unions play a significant role during the collectively bargaining with the employer
in order to uphold the interests and protection of employees’ rights within the labour
relations framework of South Africa. Organised ...
Automatically unfair dismissal of an individual employee under section 187(1)(c) of the Labour Relations Act 66 of 1995
(North-West University (South Africa), 2021)
The right to fair labour practice is guaranteed in terms of section 23 of the Constitution. The right includes the rights of both employees and employers. In terms of the Labour Relations Act 66 of 1995, employees have the ...
The use of replacement labour during strike action in South Africa and Canada : a legal analysis
(North-West University (South Africa), 2019)
Like in many other countries, the use of replacement labour during protected strike action has been and continues to be one of the most controversial issues in South Africa's industrial relations system. It is often, inter ...
Employee participation and voice in companies : a legal perspective
(2015)
Recently, South African company law underwent a dramatic overhaul through the
introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance: companies no longer are accountable ...
The creation of a general duty to bargain in view of the SANDF judgements
(2014)
Section 23(5) of the Constitution entrenches trade unions, employer's organisations and employers' right to engage in collective bargaining. For employees, collective bargaining is the key which opens the door to better ...
Changing the issue in dispute during strike action
(2015)
Section 23(2) of the Constitution gives every worker the right to strike and the LRA gives effect to that right. Section 64 of the LRA, however, requires that the issue in dispute first be referred to a bargaining council ...
Exploring legal alternatives to remedy problems associated with prolonged and lengthy strikes in South Africa
(North-West University (South Africa) , Potchefstroom Campus, 2015)
In South Africa the Constitution of the Republic of South Africa, 1996 hereafter referred to as (the Constitution) is the supreme law and any conduct inconsistent with the Constitution is invalid. In terms of section ...
Section 23(1)(d) of the Labour Relations Act : the potential deprivation of employees' collective labour rights
(North-West University (South Africa)., 2023)
Section 23(1)(d) of the Labour Relations Act 66 of 1995 is a provision that allows an employer and a trade union that enjoys representivity of the majority of employees at a workplace to enter into a collective agreement ...