The right to engage in collective bargaining
- Authors: Oliphant, Lukhanyo Shane
- Date: 2017
- Subjects: Collective bargaining -- South Africa -- Eastern Cape Labor laws and legislation -- South Africa , Industrial relations -- South Africa Employee rights -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/19463 , vital:28881
- Description: The Labour Relations Act 66 of 1995 (LRA) was formulated by consensus from Government, Labour and Business. The advent of the new democratic dispensation brought with it the need to bring reforms to the country’s repressive labour laws, which were the hallmarks of the former apartheid regime. The new democratic dispensation’s priority was to ensure that the laws governing the employment relationship were again in line, with the International Labour Organization’s requirements (ILO). The consolidation of the country’s labour laws became critical for the new democratic dispensation because it became imperative that labour laws, once and for all became inclusive of all South Africa’s working force. During this post democratic period South Africa has been able to bring this consolidation to our regulatory framework through democratizing labour relations. This has meant that all organized workers for the first time after 1995, could have access to collective bargaining. South Africa has also enjoyed a period of relative labour stability during this period but only until recently, has the institution of collective bargaining been under the severest attack. This contestation in this labour regime is about the constitutional right to engage in collective bargaining. It has become of paramount importance to understand the meaning of this right to engage in collective bargaining, how far does this right extend to organized employees and most importantly what are now the impediments to the realization of this right? This is a broad and a very important topic in our labour law jurisprudence. The rationale for this treatise is to articulate the right to engage in collective bargaining, amid recent developments. At the same time to probe whether or not a justiciable duty to bargain in good faith (legally enforceable duty), should be reintroduced in our collective bargaining framework. This would be an option in reestablishing this institution in the face of insurmountable challenges, particularly as far as managing the conduct of bargaining parties during the collective bargaining process. The LRA does not envision such a legally enforceable duty to bargain in our labour relations framework, preferring rather apolicy based on voluntarism. The LRA has instead created a legally recognized framework were bargaining parties, determine their own collective process, without undue interference from the state and the courts. This has been the position since the inception of the new democratic order.Times have changed constitutional challenges have been mounting against provisions of the LRA, which have been deemed by some as unconstitutional. This is reference to the inaccessibility of the collective bargaining process; relating directly to the right to engage in collective bargaining.The disjuncture between the Constitution and the enabling legislation the LRA will also be scrutinized, as the result has been confusion regarding the meaning and the application of this constitutional right to engage in collective bargaining.
- Full Text:
- Date Issued: 2017
- Authors: Oliphant, Lukhanyo Shane
- Date: 2017
- Subjects: Collective bargaining -- South Africa -- Eastern Cape Labor laws and legislation -- South Africa , Industrial relations -- South Africa Employee rights -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/19463 , vital:28881
- Description: The Labour Relations Act 66 of 1995 (LRA) was formulated by consensus from Government, Labour and Business. The advent of the new democratic dispensation brought with it the need to bring reforms to the country’s repressive labour laws, which were the hallmarks of the former apartheid regime. The new democratic dispensation’s priority was to ensure that the laws governing the employment relationship were again in line, with the International Labour Organization’s requirements (ILO). The consolidation of the country’s labour laws became critical for the new democratic dispensation because it became imperative that labour laws, once and for all became inclusive of all South Africa’s working force. During this post democratic period South Africa has been able to bring this consolidation to our regulatory framework through democratizing labour relations. This has meant that all organized workers for the first time after 1995, could have access to collective bargaining. South Africa has also enjoyed a period of relative labour stability during this period but only until recently, has the institution of collective bargaining been under the severest attack. This contestation in this labour regime is about the constitutional right to engage in collective bargaining. It has become of paramount importance to understand the meaning of this right to engage in collective bargaining, how far does this right extend to organized employees and most importantly what are now the impediments to the realization of this right? This is a broad and a very important topic in our labour law jurisprudence. The rationale for this treatise is to articulate the right to engage in collective bargaining, amid recent developments. At the same time to probe whether or not a justiciable duty to bargain in good faith (legally enforceable duty), should be reintroduced in our collective bargaining framework. This would be an option in reestablishing this institution in the face of insurmountable challenges, particularly as far as managing the conduct of bargaining parties during the collective bargaining process. The LRA does not envision such a legally enforceable duty to bargain in our labour relations framework, preferring rather apolicy based on voluntarism. The LRA has instead created a legally recognized framework were bargaining parties, determine their own collective process, without undue interference from the state and the courts. This has been the position since the inception of the new democratic order.Times have changed constitutional challenges have been mounting against provisions of the LRA, which have been deemed by some as unconstitutional. This is reference to the inaccessibility of the collective bargaining process; relating directly to the right to engage in collective bargaining.The disjuncture between the Constitution and the enabling legislation the LRA will also be scrutinized, as the result has been confusion regarding the meaning and the application of this constitutional right to engage in collective bargaining.
- Full Text:
- Date Issued: 2017
An exploration of economic discontent towards foreign nationals in the xenophobic attacks in Port Elizabeth, Walmer township
- Authors: Nomarwayi, Thandolwethu
- Date: 2012
- Subjects: Foreign workers -- Economic aspects -- South Africa -- Port Elizabeth , Xenophobia -- South Africa -- Port Elizabeth , Immigrants -- Violence against -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9136 , http://hdl.handle.net/10948/d1018683
- Description: Post-apartheid South Africa has been marked by a wave of social unrest; from service delivery protests to xenophobic violence targeted towards foreign nationals. Immigrants from across the African soil are victims of this barbaric behavior (xenophobia). A derogatory name such as “makwerekwere” is given to foreign nationals to make them feel inferior and less human. In 2008 these attacks worsened almost in every black township throughout the country. The victims are mostly Somalis and Zimbabweans shop or spaza owners. There are quite a number of explanations that prompted these attacks and they include the following; competition for scarce resources, lack of economic and business opportunities. Foreigners are easily employable because they accept cheap labour, thus making it hard for South Africans to find jobs. Therefore, the main purpose of this study is to explore economic discontent against foreign nationals into xenophobic attacks. This study highlights the relationship that co-exists between economic discontent and xenophobic attacks in Port Elizabeth, Walmer Township and the research methods that were used and how these methods were used in the study.
- Full Text:
- Date Issued: 2012
- Authors: Nomarwayi, Thandolwethu
- Date: 2012
- Subjects: Foreign workers -- Economic aspects -- South Africa -- Port Elizabeth , Xenophobia -- South Africa -- Port Elizabeth , Immigrants -- Violence against -- South Africa -- Port Elizabeth
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9136 , http://hdl.handle.net/10948/d1018683
- Description: Post-apartheid South Africa has been marked by a wave of social unrest; from service delivery protests to xenophobic violence targeted towards foreign nationals. Immigrants from across the African soil are victims of this barbaric behavior (xenophobia). A derogatory name such as “makwerekwere” is given to foreign nationals to make them feel inferior and less human. In 2008 these attacks worsened almost in every black township throughout the country. The victims are mostly Somalis and Zimbabweans shop or spaza owners. There are quite a number of explanations that prompted these attacks and they include the following; competition for scarce resources, lack of economic and business opportunities. Foreigners are easily employable because they accept cheap labour, thus making it hard for South Africans to find jobs. Therefore, the main purpose of this study is to explore economic discontent against foreign nationals into xenophobic attacks. This study highlights the relationship that co-exists between economic discontent and xenophobic attacks in Port Elizabeth, Walmer Township and the research methods that were used and how these methods were used in the study.
- Full Text:
- Date Issued: 2012
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