The second edition of the bestselling text book Labour Law Rules! continues to provide a highly accessible text on labour, equity, social security, skills development and related laws, fully updated to include the latest changes and amendments in labour law in South Africa. It discusses these laws against the backdrop of South Africa as a member state of the ILO and the economic and socio-economic context in the country.
The book is aimed principally at students who engage with labour law for the first time during their studies. Labour law is a compulsory subject for LLB students, and increasingly so for BCom students at South African universities. In addition, IR and HR practitioners, line managers, supervisors and union officials will find the book useful since it provides a clear and simple overview for non-specialists.
The contents cover the individual employment relationship, from the time the contract is concluded (and sometimes even earlier), through the course of the relationship and ultimately, to the dissolution of the relationship. Also covered are the rules of collective bargaining, and social security laws. New employment-related legislation such as employment tax incentives to employ young workers, employment services for job seekers and employers and the empowerment of women are also briefly looked into.
The text reflects far-reaching recent (and pending) statutory amendments, other developments, and current debates. Case law and other examples are used to explain legal principles and the keen reader is provided with additional recommended reading.
In the past two years, since publication of the first edition of Labour Law Rules!, some significant events took place which impacted on labour law, resulting in a number of changes proposed to reform labour law.
These amendments to the labour laws have been debated and some have been signed into law affecting key labour statutes including the Basic Conditions of Employment Act, 1997 (BCEA), the Labour Relations Act, 1995 (LRA), the Employment Equity Act, 1998 (EEA) and also social security laws such as the Occupational Health and Safety Act, 1993 (OHSA) and the Unemployment Insurance Act, 2001 (UIA). Also introduced since the first edition are new laws regarding tax incentives and gender equality and a National Development Plan to alleviate poverty and grow the economy. The second edition of Labour Law Rules! covers these changes and the resulting impacts on Labour Law.
On the 24th of November President Zuma signed a proclamation that the Labour Relations Amendment Act, 2014 (Act No. 6 of 2014) will come into operation on 1st January 2015. To read the proclamation click here
The new edition of Labour Law Rules! aims to lay a sound and up to date foundation of basic labour law rules which will enable students to be empowered to assist in shaping the future working environment and laws of the country.
Table of Contents
PART I INTRODUCTION TO LABOUR LAW
Chapter 1 General overview of labour law
PART II RULES APPLICABLE DURING THE COURSE OF EMPLOYMENT
Chapter 2 Exclusive protection for ‘employees’ in terms of legislation
Chapter 3 The impact of the common law on the contract of employment
Chapter 4 Basic Conditions of Employment Act (BCEA)
Chapter 5 Employment Equity Act (EEA)
Chapter 6 Protection against unfair labour practices under the Labour Relations Act (LRA)
Chapter 7 Social security legislation
PART III RULES APPLICABLE TO THE TERMINATION OF THE EMPLOYMENT RELATIONSHIP
Chapter 8 Termination of the contract of employment through dismissal and automatically unfair dismissals
Chapter 9 Fair and unfair dismissals and dispute resolution
PART IV RULES APPLICABLE TO COLLECTIVE BARGAINING Chapter 10 Collective labour law
Chapter 11 Collective bargaining: Freedom of association, trade unions’ and employers’ rights
Chapter 12 Workplace forums
Chapter 13 Industrial action
Chapter 14 Pickets and protest action
About the Authors
Marié McGregor BLC (cum laude) (Pret) LLB (Unisa) LLM AIPSA Dip (Pret) LLD (Unisa) Certificate in Advanced Labour Law and Labour Arbitration Workshop (Centre for Business Law (Unisa))
Professor of Law, Department of Mercantile Law, Unisa; formerly practising attorney of the High Court of South Africa; Deputy-Director, National Manpower Commission, Department of Manpower; co-author of General Principles of Commercial Law (JUTA, 2004 & 2007) and Law@work (LexisNexis, 2008, 2012 & 2015); contributor to Law Across Nations: Governance, Policy & Statutes (2011) SM Kierkegaard (ed) [IAITL] and The World Justice Project (WJP) Rule of Law Index (2013); Unisa Leadership in Research Award (2013)
Adriette Dekker BLC (cum laude) LLB (Pret) Advanced Diploma (Labour Law) (UJ) LLM LLD (Unisa), Certificate in Alternative Dispute Resolution (AFSA/UP)
Practising attorney, conveyancer and notary of the High Court of South Africa; co-author of Social Security Law: A Comparative Analysis (LexisNexis, 2006) and Essential Labour Law (Labour Law Publications, 2009). Formerly Professor of Law, Department of Mercantile Law (Unisa); NRF rated researcher (2009-2014)
Mpfariseni Budeli-Nemakonde LLB LLM (cum laude) (Unin) PhD (UCT)
Professor of Law, Department of Mercantile Law, Unisa; NRF rated researcher (2012-2015) Admitted attorney of the High Court of South Africa; ILO expert on workers’ right to freedom of association; contributor to Private Law & Practice: Critical analysis and legal reasoning (2012) & Law & Practice: Critical Analysis and Legal Reasoning (2013) SM Kierkegaard (ed) [IAITL]; NDST Distinguished Young Women: Social Sciences and Humanities Award (2013)
Wilhelmina Germishuys B Com (UP) LLB (UP) LLM (Unisa) Certificate in Advanced Labour Law (Centre for Business Law (Unisa)); Certificate in Alternative Dispute Resolution (AFSA/UP)
Lecturer, Department of Mercantile Law, Unisa; practising attorney, conveyancer and notary of the High Court of South Africa; lecturer at Centre for Business Law (Unisa): Programme in Advanced Labour Law
Ernest Manamela B Proc LLB (Unin) LLM (Unisa)
Associate Professor, Department of Mercantile Law, Unisa; formerly at the Collective Bargaining Division of the Department of Labour; advocate of the High Court of South Africa; co-author of General Principles of Commercial Law (JUTA, 2010)
Tukishi Manamela B Proc LLB (Unin) LLM (Unisa)
Associate Professor, Department of Mercantile Law, Unisa; advocate of the High Court of South Africa; co-author of General Principles of Commercial Law (JUTA, 2010)
Clarence Tshoose LLB, LLM (NWU)
Senior Lecturer, Department of Mercantile Law, Unisa; formerly lecturer at NWU (Mafikeng Campus) and postgraduate researcher at UJ Faculty of Law, Centre for International and Comparative Law and Social Security (CICLASS); contributor to Private Law: Rights, Duties and Conflicts (2010) & Law & Practice: Critical Analysis and Legal Reasoning (2013) SM Kierkegaard (ed) [IAITL]; Chairperson of Unisa Flagship Committee Socio-economic Rights (2013- 2014)