This well-established labour law text has been updated to reflect the law as of September 2020. LABOUR LAW Rules! provides an accessible and clear discussion of all relevant labour, employment equity, social security and related legislation. The book brings law and practice together. The text is supplemented with visual aids, examples and case law to clarify concepts.
The book is aimed principally at students who engage with labour law for the first time during their BCom and LLB studies. The book will also be helpful for HR and IR personnel, project managers, supervisors and union officials.
The contents are divided into four parts discussing individual labour law, collective labour law, social security law and other labour laws.
The common law contract of employment is the basis of the relationship. The book explains how the Constitution, the BCEA, the NMWA, the LRA as well as the EEA supplement the relationship. The legal protection afforded to employees, including non-standard employees, is clarified. Dismissal, unfair labour practices, discrimination, harassment and the impact of transfers of a business on employers and employees alike are explained with reference to recent statutory and case developments. The book includes an analysis of collective labour law. Aspects such as collective bargaining, collective agreements, bargaining agents (for example, trade unions) and workplace forums are covered. The legal requirements for protected strikes, lock-outs, picketing and protest action are dissected and explained with reference to case law and practical examples.
An important aspect of labour law that is often overlooked in the academic context is social security measures that impact on the workplace. The book covers the OHSA, MHSA, COIDA and UIA. The book concludes with an overview of so-called non-core labour legislation such as the Employment Services Act, the Skills Development Act, the Employment Tax Incentive Act, the Regulation of Interception of Communications and Provision of Communications-Related Information Act and the Protection of Personal Information Act.
Additional recommended reading is provided in a separate annexure for the keen reader.
This book not only reflects on the rules of labour law but also shows that labour law, in the modern workplace, rules!
This thoroughly updated Fourth Edition is completely current with reference to the latest in legislation and case law.
Table of Contents
Only the parts and chapters are listed here. A detailed table of contents is given at the start of each chapter.
INDIVIDUAL LABOUR LAW
1. Introduction to labour law
2. The impact of the law of contract and the Constitution on labour law
3. Exclusive protection for employees in terms of labour legislation
4. The impact of the BCEA and the NMWA on the employment relationship
5. The Employment Equity Act: Unfair discrimination and affirmative action
6. Protection against unfair labour practices under the LRA
7. Termination of the contract of employment, the definition of dismissal and relevant dispute-resolution mechanisms
8. The protection of employees against automatically unfair dismissals
9. Dismissal for misconduct, incapacity and operational requirements
10. The transfer of a business as a going concern
COLLECTIVE LABOUR LAW
11. Freedom of association and the role of bargaining agents
12. Collective bargaining
13. Organisational rights of trade unions
14. Workplace forums
15. Strikes and lock-outs
16. Consequences of strikes and lock-outs
17. Picketing and protest action
18. Introduction to the social security system
19. The Occupational Health and Safety Act and the Mine Health and Safety Act
20. The Compensation for Occupational Injuries and Diseases Act and the Unemployment Insurance Act
OTHER LABOUR-RELATED LEGISLATION
21. Other legislation that impacts on the employment relationship
Index of cases
Index of statutes
About the Authors
Marié McGregor BLC (UP) LLB (Unisa) LLM AIPSA Dip (UP) LLD (Unisa)
Professor Extraordinarius, Unisa; co-author of General Principles of Commercial Law (JUTA: 2004, 2007) and Law@work (LexisNexis: 2008, 2012, 2015, 2017, 2020); 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 LLB (UP) LLM LLD (Unisa) Advanced Diploma (Labour Law) (UJ) Advanced Diploma Alternative Dispute Resolution (AFSA/UP)
Admitted 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); NRF rated researcher (2009-2014); formerly Professor of Law, Department of Mercantile law, Unisa
Mpfariseni Budeli-Nemakonde LLB LLM (Unin) PhD (UCT)
Professor of Law and Director, School of Law, Unisa; admitted attorney of the High Court of South Africa; member of the ILO Network of Experts on Workers’ Right to Freedom of Association
Wilhelmina Germishuys-Burchell 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 Life Long Learning, Unisa
Ernest Manamela BProc LLB (Unin) LLM LLD (Unisa) Associate Professor of Law, Department of Mercantile Law, Unisa; co-author of General Principles of Commercial Law (JUTA: 2010, 2015, 2019); 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 of Law, Department of Mercantile Law, Unisa; co-author of General Principles of Commercial Law (JUTA: 2010, 2015, 2019) 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 Professor of Labour Law and Social Security Law, UL; co-author Juta’s Pocket Companion Series Understanding the Employment Equity Act (JUTA: 2017); formerly Associate Professor, Department of Mercantile Law, Unisa; Chairperson of Unisa Flagship Committee: Socio-economic Rights (2013-2014); Lecturer at NWU (Mafikeng Campus); Postgraduate Researcher at UJ Faculty of Law, Centre for International and Comparative Labour and Social Security Law (CICLASS)
Endorsement for the Fourth Edition
This thoroughly updated Fourth Edition renders it completely current, with reference to the latest in legislation and case law.
The book successfully lays a sound basis for basic labour law. Moreover, it enables students to integrate various concepts and sources in order to develop critical analytical skills. In this way, the book enables emerging scholars to assist in shaping future workplace laws. The book can also be used gainfully by IR and HR practitioners, project managers, supervisors, union officials or anybody interested in getting a basic overview of the labour law landscape. The book provides recommended reading for those who are keen to explore topics further.
The innovative approach again breaks new ground in the accessible dissemination of labour law. As a teacher and practical user of labour law in my policy and professional work, I am delighted to endorse and recommend this book. I have no doubt that all readers will enjoy using it and find it practical and helpful.
Chairperson: ILO Committee on Freedom of Association (CFA)
Emeritus Professor of Law, University of Cape Town
Honorary Professor, University of Rwanda