Labour Law in South Africa provides a comprehensive, rigorous and accessible introduction to the framework of labour law in South Africa. Directed toward students of labour law, the text offers a thorough introduction to relevant principles, rules and procedures, and considers the critical issues and broader context within which the legal framework is situated. The text is designed to stimulate deeper intellectual engagement and enquiry, and to assist readers in analysing legal issues within a contextualised and resolution-oriented paradigm. The text is suitable as course material for labour law courses within the LLB programme.
Part 1: Labour law in Context
1Introduction to labour law
2Historical developments in South Africa
3Relevant legislation and labour market institutions
4The global context and the relevance of international law
Part 2: The mechanics of labour law: Who is protected and how?
5The meaning of employee and employer
6Dispute resolution processes
Part 3: The individual employment relationship
7The role of the common law
8Basic conditions of employment act
9Unfair labour practices
10The meaning of (fair) dismissal
11Automatically unfair dismissals
12Misconduct dismissals
13Dismissals related to employee capacity
14Dismissals related to employee capacity
15Transfer of a business as a going concern
16Resolving dismissal and unfair labour practice disputes: Processes and remedies
Part 4: The collective employment relationship
17Collective labour law and freedom of association
18Trade unions and employers&
19Bargaining forums
20Collective bargaining
21Workplace forums
22Industrial action: strikes, lockouts and protest action
23Essential and maintenance services
24The liability of trade unions
Part 5 Workplace discrimination and equality law
25Equality law in context
26Prohibition of unfair discrimination in the workplace
27Substantive equality and the promotion of diversity
Part 6 The social security system and the world of work
28Social security: Scope and limitations
29Workplace health and safety with compensation for injuries and diseases
30Unemployment protection
Part 7 The future of labour law
31What is the future for labour law?