Labour Law Rules! Third Edition
 

Labour Law Rules! Third Edition

SKU 978-1-928309-13-0
 
Labour Law Rules! 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 all find the book useful..

In the past three years, since publication of the second edition of Labour Law Rules!, some significant events took place which impacted on labour law, resulting in a number of changes to reform labour law.

This thoroughly updated Third Edition not only renders it completely current, with reference to the latest in legislation and case law, but also adds new commentary on the sections (197, 197A and 197B) of the LRA dealing with transfers of contracts of employment when a business is sold as a going concern or in circumstances of insolvency.
  • Author: Marié McGregor, Adriette Dekker, Mpfariseni Budeli-Nemakonde, Wilhelmina Germishuys-Burchel, Ernest Manamela, Tukishi Manamela & Clarence Tshoose
  • Title: Labour Law Rules! Third Edition
  • ISBN: 978-1-928309-13-0
  • Publication Date: 2017/11/15
  • Publishing House: Siber Ink
  • Target Market • Students encountering labour law for the first time whether studying law, commerce, industrial relations or any related field. • HR Professionals • Trade Unionists • Any professional requiring an oversight of labour law.
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This now well established labour law text has been updated to reflect the law as of September 2017. LABOUR LAW Rules! has provided a highly accessible text on labour, equity, social security and skills development laws over many years. It discusses these laws against a background of the country supporting the principle of ‘decent work,’ high unemployment, the insufficient creation of sustainable and decent jobs, and income inequality, all exacerbated by an increase in atypical work, skills shortages, as well as insufficient enforcement of laws.
 
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 all find the book useful.
 
The contents cover the individual employment relationship in linear fashion from the time the contract of employment is concluded (and sometimes even earlier), through the course of the relationship during which an employee’s conditions of employment must comply with minimum terms within a framework of regulated flexibility, and during which an employee is protected against unfair labour practices and unfair discrimination, up to the termination of employment when an employee is protected against unfair dismissal. Terminating the contract of employment for reasons other than dismissal such as resignation and retirement are also discussed. The rules of collective bargaining, which differ from the individual employment relationship, are also explained and interpreted. The rules of social security laws are explained by following the three themes of these laws, namely to prevent workplace injuries, to compensate injured or ill workers and to integrate them back into the workplace.
 
The text reflects recent statutory and other developments, and current debates. Cases and other examples are used to explain legal principles. At the start of each part, a recap and an outlook are given on the previous and the coming part to keep the reader in the picture and to provide some focus. At the end of each chapter, self-assessment questions and feedback are provided as well as additional recommended reading for the keen reader.
 
This thoroughly updated Third Edition not only renders it completely current, with reference to the latest in legislation and case law, but also adds new commentary on the sections (197, 197A and 197B) of the LRA dealing with transfers of contracts of employment when a business is sold as a going concern or in circumstances of insolvency.

Table of Contents

Only the parts and chapters are listed here. A detailed table of contents is given at the start of each chapter. 

Foreword  

Preface 

Details of authors 

Part I 

INTRODUCTION TO LABOUR LAW 

1 General overview of labour law 

Part II 

RULES APPLICABLE DURING THE COURSE OF EMPLOYMENT 

2 Exclusive protection for employees in terms of legislation 

3 The impact of the common law on the contract of employment  

4 Basic Conditions of Employment Act (BCEA) 

5 Employment Equity Act (EEA)  

6 Protection against unfair labour practices under the Labour Relations Act (LRA) 

7 Social security legislation 

8 Transfer of a business as a going concern 

Part III 

RULES APPLICABLE TO THE TERMINATION OF THE EMPLOYMENT RELATIONSHIP 

9 Termination of the contract of employment: Definition of dismissal and automatically unfair dismissal 

10 Fair and unfair dismissals, and dispute resolution 

Part IV 

RULES APPLICABLE TO COLLECTIVE LABOUR LAW 

11 Freedom of association, trade unions’ and employers’ rights 

12 Collective bargaining 

13 Workplace forums  

14 Strikes and lock-outs 

15 Pickets and protest action 

Part V 

ANNEXURES 

A. Form EEA1 

B. LRA Form 7.11 

C. Code of Good Practice: Dismissal 

Index 

 

About the Authors

Marié McGregor BLC (cum laude) (UP) LLB (Unisa) LLM AIPSA Dip (UP) LLD (Unisa)

Professor Extraordinarius (Unisa); formerly practising attorney of the High Court of South Africa; Deputy-Director, National Manpower Commission, Professor of Law, Department of Mercantile Law (Unisa)

Adriette Dekker BLC (cum laude) LLB (UP) Advanced Diploma (Labour Law) (UJ) LLM LLD (Unisa) Advanced Diploma Alternative Dispute Resolution (AFSA/UP)

Practising attorney, conveyancer and notary of the High Court of South Africa; 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 and Head: Department of Mercantile Law (Unisa); NRF rated researcher; admitted attorney of the High Court of South Africa; member of the ILO Network of Experts on Workers’ Right to Freedom of Association; NDST Distinguished Young Women: Social Sciences and Humanities Award (2013)

Wilhelmina Germishuys-Burchel BCom LLB (UP) LLM (Unisa) Advanced Labour Law Certificate (Centre for Business Law Unisa) Advanced Diploma Alternative Dispute Resolution (AFSA/UP)

Senior 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)

Ernest Manamela BProc LLB (Unin) LLM LLD (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

Tukishi Manamela BProc LLB (Unin) LLM LLD (Unisa)

Associate Professor, Department of Mercantile Law (Unisa); advocate of the High Court of South Africa

Clarence Tshoose LLB LLM (NWU) LLD (Unisa) Certificate in Economic, Social and Cultural Rights (Geneva Academy of International Humanitarian Law & Human Rights)

Senior Lecturer, Department of Mercantile Law (Unisa); Chairperson of Unisa Flagship Committee Socio-economic Rights (2013-2014); formerly Lecturer at NWU (Mafikeng Campus)

 ERRATA

The individual chapter tables of contents all contain errors in that the page numbers referred to for sub-headings within the chapters are incorrect, usually only by one/two pages. While the errors are neither substantive, in that the contents of the book are in no way affected; nor material, in that the correct page referred to is just a page or so away, the corrected contents may prove useful to some users.
We apologise for any inconvenience caused.
Please note that the user’s primary navigation tools, namely the Table of Contents at the start of the book (pages xi–xii) and the General Index at the end of the book (pages 317–325) are correct.