- Title
- Ammendments to the labour law relations act 66 of 1995 to addressing violent and intractable strikes
- Creator
- Gavu, Siphelele
- Subject
- Labor laws and legislation -- South Africa
- Subject
- Strikes and lockouts -- Law and legislation -- South Africa
- Subject
- Labor disputes -- South Africa
- Date Issued
- 2024-12
- Date
- 2024-12
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/68692
- Identifier
- vital:77082
- Description
- The main research question for this treatise is to determine whether the South African legal framework provides effective regulations in curbing violent and intractable strikes. To answer the research question, the research explored the evolution of the right to strike in South Africa, analysing its socio-economic impact and the transition from a repressive regime to a democratic one. The study assessed international, regional, and national legal frameworks, focusing on the right to strike and its regulation. Amendments to the LRA, including introducing rules for picketing, mandatory secret ballots for strikes, and advisory arbitration for dysfunctional strikes, were evaluated. The findings indicate that while these amendments represent a significant step in addressing the issues of violent strikes in an employment context, their effectiveness is limited. Persistent challenges include the frequent disregard by trade unions and their members for legal measures. This reflects the deeper socio- economic and political issues. The study suggests that the effectiveness of these legislative changes is hindered by ongoing social and economic inequalities, highlighting the need for broader socio-political solutions beyond legislative amendments. This comprehensive analysis explains the complexities surrounding strike actions in South Africa and the balance between upholding labour rights and maintaining workplace discipline and order.
- Description
- Thesis (LLM) -- Faculty of Law, School of Mercantile Law, 2024
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (76 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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- Downloads: 1
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NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | GAVU, S.pdf | 1014 KB | Adobe Acrobat PDF | View Details Download |