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.
Details of authors
INTRODUCTION TO LABOUR LAW
1 General overview of labour law
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
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
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
A. Form EEA1
B. LRA Form 7.11
C. Code of Good Practice: Dismissal
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)
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.