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Principles and Practice of Labour Law

Principles and Practice of Labour Law outlines the basic principles underlying the South African legislation through a discussion of court decisions and legal literature and investigates both the theory and pra

Publication Language: English
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Product description

Principles and Practice of Labour Law outlines the basic principles underlying the South African legislation through a discussion of court decisions and legal literature and investigates both the theory and practice of labour law.

This looseleaf publication contains a comprehensive examination of the labour dispensation as provided for in the Labour Relations Act 66 of 1995, Basic Conditions of Employment Act 75 of 1997 and Employment Equity Act 55 of 1998.

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Table of contents

Development and organisation of labour law

General Introduction

Historical Development of Labour Law

Labour Administration and Development in South Africa

Labour Organisation at International Level

Nature and application of labour law


Meaning of Labour Law

Nature of Labour Law

Purpose and Application of Labour Relations Act

Effect of Collective Labour Provisions on Contracts

Introduction to contract of employment


Definition of Basic Concepts

Essentials of Contract of Employment

Contracts of Employment distinguished from Related Contracts

Duties of employers


Duties in terms of Labour Legislation

Enrolment and Provision of Agreed Work

Payment of Agreed Remuneration

Provision of Leave

Liability of Employer in respect of Third Parties

Provision of Safe Working Conditions

Other Duties of Employers

Remedies of Employees

Duties of employees


Rendering of Services

Duty of Good Faith

Competition with Employer

Misconduct by Employee (Duty not to Misbehave)

Remedies of the Employer

Termination of contract of employment


By Agreement

Impossibility of Performance


Other Cases of Termination of Services

Consequences of Termination of Contract of Employment

Introduction to collective labour law


Historical Development of Collective Labour Law

Statutory Provisions regarding Collective Labour Law

Objects of the Labour Relations Act

Trade unions


Right to Associate

Right to Organise and Organisational Rights of Trade Unions

Registration of Trade Unions

Constitutions of Trade Unions

Trade Union Membership

Control and Administration of Trade Unions

Employers' Organisations

Federations of Trade Unions and Employers' Organisations

Bargaining councils and other bargaining bodies


Role and Functions of Bargaining Councils

Establishment and Registration of Bargaining Councils

Constitution of Bargaining Councils

Collective Agreements concluded by Bargaining Councils

Statutory Councils

General Provisions regarding Bargaining and Statutory Councils

Bargaining Councils in Public Service

Workplace Forums

Collective bargaining


Concept of Collective Bargaining

Right to Collective Bargaining

Requirements for Collective Bargaining

Collective Agreements

Basic Conditions of Employment Act


Application and Basic Concepts

Regulating Working Time


Particulars of Employment and Remuneration

Termination of Employment

Prohibition on Employment of Children and Forced Labour

Variation of Basic Conditions of Employment

Sectoral Determinations

Employment Conditions Commission

Monitoring and Enforcement of Act

Miscellaneous Matters

Employment Equity Act


Terminology and Application of Act

Prohibition of Unfair Discrimination

Affirmative Action

Monitoring and Enforcement of Act

Legal Proceedings

Commission for Employment Equity

Protection of Employee Rights

Miscellaneous Provisions

Unfair labour practices


[Un]fair Labour Practices in terms of the Constitution

Unfair Labour Practices in terms of the LRA

Specific Cases of Unfair Labour Practices

Procedures and Remedies

Unfair dismissal of employees


Requirements for Fair Dismissal

Specific Cases of Dismissal

External Procedures regarding Unfair Dismissal Disputes

Dismissal based on operational requirements (retrenchment)


Substantive Fairness

Procedural Fairness

Rights of Retrenched Employees

Major Retrenchments (Retrenchments by Employers with

Procedures and Remedies regarding Retrenchment Disputes

Transfer of contracts of employment (section 197)


Application of Section 197

Definition of Key Concepts

Requirements and Consequences of the Transfer of a Business

Transfer of Contracts of Employment in the case of Insolvency

Relocation of Business

Collective labour disputes


Strikes and Lock-outs: Introduction

Requirements for Protected Strikes and Lock-outs

Consequences of Strikes and Lock-outs

Essential and Maintenance Services

Dismissal of Striking Employees

Secondary Strikes


Protest Action by Employees

Other Cases of Collective Action

Conciliation, mediation and arbitration


Dispute Settlement through Bargaining and Statutory Councils

The Commission for Conciliation, Mediation and Arbitration

Adjudication of labour disputes


Labour Court

Labour Appeal Court

Miscellaneous Provisions applicable to Labour Courts

Rules of Court

Public sector employment: general framework and principles


Constitutional Framework

Statutory Framework

Administrative Law Framework

Establishment of a Senior Management Service

Special categories of civil servants: security services and public education


The South African Police Service

The South African National Defence Force

Public Education

Labour Relations Act 66 of 1995 (Selected Provisions)

Rules and Regulations issued in terms of Labour Relations

Employment Equity Act 55 of 1998

Codes of Good Practice

Public Service Act, 1994 (Proclamation 103 of 1994)

Protected Disclosures Act 26 of 2000

Municipal Services Employment: General Framework and Principles