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Labour Law

This document provides an introduction to labour law for commercial students in South Africa. It discusses that labour law regulates the employment relationship and consists of individual and collective employment law. Historically, the employment relationship was governed by common law but political pressure led to the development of labour legislation. Current labour law is extensively regulated by legislation aimed at addressing past injustices. Labour law is informed by common law, legislation, collective agreements, international treaties, and the Constitution. The document outlines that the module will focus on individual employment law covering topics like the employment contract, duties of parties, conditions of employment, dismissals, unfair labor practices, and dispute resolution.

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68 views

Labour Law

This document provides an introduction to labour law for commercial students in South Africa. It discusses that labour law regulates the employment relationship and consists of individual and collective employment law. Historically, the employment relationship was governed by common law but political pressure led to the development of labour legislation. Current labour law is extensively regulated by legislation aimed at addressing past injustices. Labour law is informed by common law, legislation, collective agreements, international treaties, and the Constitution. The document outlines that the module will focus on individual employment law covering topics like the employment contract, duties of parties, conditions of employment, dismissals, unfair labor practices, and dispute resolution.

Uploaded by

tash
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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LABOUR LAW FOR COMMERCIAL STUDENTS - 2019

LECTURE 1 – INTRODUCTION

LABOUR LAW IN CONTEXT

The employment relationship forms the basis of all labour law.

Labour law is that branch of law that regulates the employment relationship,
and consists of individual employment law (between employer and employee)
and collective employment law (between employer and employee
organisations such as trade unions).

Prior to general labour legislation, the employment relationship between


parties was regulated by the common law and based largely on the principles
of contract. Political pressure gave rise to labour legislation in South Africa and
has historically been largely responsible for facilitating and encouraging
adversarial labour relations. The Wiehahn Commission in 1978 recommended
that labour unions be given official status in South Africa, and in doing so, laid
the foundation for statutory regulation of labour relations in South Africa and a
move away from the common law.1 However, where an aspect of the labour
relationship is not covered by legislation, the common law remains valid.

Current labour relations are extensively regulated by a plethora of labour laws


(legislation), specifically aimed to address historical injustice and discrimination
in the workplace, and to reduce the level of adversity between employer and
employees.

The provisions and rights and duties that define labour law come from various
sources such as:

- Common law: contract-based, historically received from Roman-Dutch and


English law, decisions of the courts, custom and practice;

1
http://www.sahistory.org.za/dated-event/recommendations-riekert-commission-investigate-employment-
conditions-black-workers-are-t

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- Labour legislation: acts of parliament such as the Labour Relations Act
(LRA), the Basic Conditions of Employment Act (BCEA) the Employment
Equity Act (EEA) and the Skills Development Act (SDA);

- Rules agreed to by the parties contained in collective agreements;

- International treaties accepted by South Africa such, as conventions and


recommendations of the International Labour Organisation;

- Provisions in the Constitution (the highest law of South Africa) which deals
with employment issues.

INDIVIDUAL LABOUR LAW

Individual Labour Law relates to those primary aspects of the employment


relationship which creates reciprocal ties between the parties to a relationship
of employment.

The most important aspects of labour law dealing with individual labour
contained in legislation (and the common law) regulates who the parties to the
relationship are, their respective duties and rights, how the relationship comes
into being and how it is terminated.

Primary legislation is the Basic Conditions of Employment Act 75 of 1997,


Labour Relations Act 66 of 1995, Employment Equity Act 55 of 1998 and the
Skills Development Act 97 of 1998.

COLLECTIVE LABOUR LAW

Collective Labour Law relates to the secondary regulation of the relationship


between organised labour and employers or employer organisations. Most
notable aspects of labour law dealing with organised labour contained in
labour legislation regulates membership of labour unions, strikes, lockouts,
collective agreements, bargaining councils and dispute resolution processes.

Primary legislation is the Labour Relations Act 66 of 1995

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NB - All aspects of individual labour law apply to employees who are members
of organised labour.

MODULE OUTLINE

This module will not cover Collective Labour Law although much of what is
discussed in Individual Labour Law will equally apply to Collective Labour Law,
such as defining who is an employee, unfair and automatic unfair dismissals
and unfair labour conduct

The module is presented in four topics:

Topic 1 – Individual Employment Relations


Who the parties to an employment relationship are
The Contract of Employment
Duties of the parties to an employment relationship
Basic Conditions of Employment

Topic 2 – Dismissals
Definition
Statutory presumption of dismissal
Automatic Unfair Dismissal
Remedies for Unfair Dismissal
Fair dismissal based on conduct
Fair dismissal based on capacity
Fair dismissal based on Operational Requirements

Topic 3 – Unfair Labour Practise


Definition
Unfair Conduct
Unfair suspension and disciplinary action short of dismissal
Other forms of unfair labour practices
Remedies for unfair labour practices

Topic 4 – Labour Dispute Resolution


CCMA
Labour Court
Private dispute resolution

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