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Strikes and the Law

This publication provides up-to-date analysis of case law, legislation and policy developments relating to the law of industrial action in South Africa.

Publication Language: English
Print
R403.51
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In Stock
ISBN/ISSN: 9780409078174

Product details

This publication provides up-to-date analysis of case law, legislation and policy developments relating to the law of industrial action in South Africa.

One of the greatest challenges facing South African labour relations is unprocedural and often violent industrial conflicts. Strikes and the law covers an analysis of the legislation and the case law and considers the reasons why in many cases, the law is disregarded. The Labour relations Amendment Bill, 2017 which was published in 17 November 2017 states that the root cause for protracted and often violent industrial action is a misalignment between the law on strikes and action taken by parties during industrial action. The authors consider this misalignment and suggest possible solutions. This is a critical read for labour law practitioners, HR/IR managers, trade unions and academics.

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Table of contents

CHAPTER_1 - Constitutional and International Law

1.1 - Historical context

1.2 - Justifications for the right to strike

1.3 - International law

1.4 - Use of the ILO observations and decisions by courts

1.5 - Constitutional law

1.6 - Approach to limitations on the right to strike

CHAPTER_2 - The socio-economic dimension of strikes

2.1 - Introduction

2.2 - Strike statistics: what can we learn?

2.3 - The prevalence of violence

2.4 - Unemployment, poverty and inequality

2.5 - Poverty and strike action

2.6 - The ANC's economic transformation agenda

2.7 - Structural drivers of unemployment, inequality and poverty

2.8 - The changing world of work

2.9 - Collective bargaining

2.10 - Conclusion

CHAPTER_3 - Protected s