- Title
- A critical analysis of the implementation of essential service clause of labour relations act by unions : a case study of the Eastern Cape administration
- Creator
- Nokele, Thobile Dumile
- Subject
- Labor laws and legislation--South Africa Contracting out--Law and legislation--South Africa Labor unions--Law and legislation--South Africa
- Date Issued
- 2014
- Date
- 2014
- Type
- Thesis
- Type
- Masters
- Type
- Public Administration
- Identifier
- http://hdl.handle.net/10353/17349
- Identifier
- vital:40958
- Description
- Strikes are prohibited in essential services workplace yet they take place on a regular basis. There seems to be no way to curb strikes despite the fact that they should not be happening at all in the essential services as they are designated as such. The rationale behind the prohibition of strikes in essential services is that the communities are adversely affected as they are dependent on these services. Whilst the constitution of the land grants the right to strike, it also limits the right to strike to the designated workplaces which are essential to the communities. The reason to limit the right to strike in these work places is to ensure that the people do not experience hardship during the strike action. However the opposite happens as the people always suffer whenever a general strike takes place. They would be denied access to public hospitals and receive no medication as there would be no one attending them. The strikes in municipality would mean no clear water and electricity for the people. The Labour Relations Act is also clear on the essential services. The question then is why are the strikes allowed to take place in essential services. Why the law is not implemented to ensure that people have access to their constitutional right to service? The other question would be what is done to address the strike in essential services especially with labour organizations which should be aware of the implications in terms of legislation. The research therefore focuses on strikes in essential service and the hardship that caused especially to the poor who are dependent on these services. The literature shows that the constitution read with Labour Relations Act has laid down the framework to the deal with conflict in essential services as well as structures for engagement. Some findings from the research indicate that the workers do not understand the implications of strikes in essential services as well as for the communities. The recommendation would be to work-shop the workers on the implications of strikes in essential services as well as especial arrangements applicable.
- Format
- 100 leaves
- Format
- Publisher
- University of Fort Hare
- Publisher
- Faculty of Management and Commerce
- Language
- English
- Rights
- University of Fort Hare
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UFH Department of Public Administration
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