- Title
- Amendments to the labour relations act to curb violent and intractable strikes
- Creator
- Mafa, Bonolo
- Subject
- labour union
- Subject
- Violence
- Subject
- Labour law
- Date Issued
- 2022-12
- Date
- 2022-12
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/59841
- Identifier
- vital:62447
- Description
- Since the dawn of South Africa’s constitutional democracy, the right to strike has been protected. It is perceived to be fundamental to orderly collective bargaining and the courts have stressed the need to ensure that it is not unjustifiably limited or undermined. In the collective bargaining process, employers and employees have mechanisms at their disposal and a power-play ensues. One such mechanism, for striking employees, is to withhold their labour in an effort to compel employers to succumb to their demands. Newspaper articles and the jurisprudence that has emerged from the courts illustrate that strike-related violence has become a destructive feature of industrial action.[1] Not only are strikes destructive to the economy but they are often associated with violence. The courts have been inundated with claims seeking to interdict violent and protracted strikes. While many commentators are of the view that strike violence is a result of underlying socio-economic issues, which should be addressed by the government, employers and the general public often bear the brunt of the destruction and mayhem left in the wake of violent strikes. In the wake of one of the worst tragedies, the Marikana massacre, which saw 32 striking miners shot and killed when police opened fire at Lonmin's operations in the Northwest province, the South African government, organised labour, and employers were compelled to take swift action to address the deficiencies that existed when it came to the constitutionally entrenched right to strike. The Labour Relations Amendment Act 8 of 2018 seeks to address this. Whilst some of the provisions introduced by the amendments have been the subject matter of litigation resulting in progressive judgments, other provisions are yet to be judicially tested.
- Description
- Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2022
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (54 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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| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Mafa, BKL Dec 2022.pdf | 530 KB | Adobe Acrobat PDF | View Details Download |