Labour Law Rules! Second Edition

Marie Mcgregor

Description

Labour Law Rules! is a book designed primarily as an introductory text for students encountering labour law for the first time, whether their goal is a law degree or some other discipline involving a basic knowledge of the labour relations regulatory regime in South Africa. In the past two years, since publication of the first edition of Labour Law Rules!, some significant events took place which impacted on labour law, resulting in a number of changes proposed to reform labour law. The new edition of Labour Law Rules! aims to lay a sound and up to date foundation of basic labour law rules which will enable students to be empowered to assist in shaping the future working environment and laws of the country. The second edition of the bestselling text book Labour Law Rules! continues to provide a highly accessible text on labour, equity, social security, skills development and related laws, fully updated to include the latest changes and amendments in labour law in South Africa. It discusses these laws against the backdrop of South Africa as a member state of the ILO and the economic and socio-economic context in the country.

Sujets

• Droit et juridique

Informations

• Publié par: Siber Ink Publishers
• Date de parution: 21 novembre 2014
• Nombre de lectures: 2
• EAN13: 9781920025892
• Langue: English

Extrait

Dedicated to our students
SECOND EDITION
MARIÉ MCGREGOR
BLC ( cum laude ) (Pret) LLB (Unisa) LLM AIPSA Dip (Pret) LLD (Unisa) Professor of Law, Department of Mercantile Law, Unisa
ADRIETTE DEKKER
BLC ( cum laude ) LLB (Pret) Advanced Diploma in Labour Law (UJ) LLM LLD (Unisa) Practising Attorney
MPFARISENI BUDELI
LLB LLM ( cum laude ) (Unin) PhD (UCT) Professor of Law, Department of Mercantile Law, Unisa
WILHELMINA GERMISHUYS
BCom LLB (Pret) LLM (Unisa) Lecturer, Department of Mercantile Law, Unisa
ERNEST MANAMELA
BProc LLB (Unin) LLM (Unisa) Associate Professor, Department of Mercantile Law, Unisa
TUKISHI MANAMELA
BProc LLB (Unin) LLM (Unisa) Associate Professor, Department of Mercantile Law, Unisa
CLARENCE TSHOOSE
LLB LLM (NWU) Senior Lecturer, Department of Mercantile Law, Unisa
First published 2012 Second edition 2014
by

Siber Ink CC PO Box 30702 Tokai 7966 Cape Town SOUTH AFRICA
www.siberink.co.za © Siber Ink CC
ISBN 978-1-920025-88-5 (book format)
ISBN 978-1-920025-96-0 (pdf format)
ISBN 978-1-920025-89-2 (epub format)
This book is copyrighted under the Berne Convention. In terms of the Copyright Act 98 of 1978 no part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photo­copying, recording or by any information storage and retrieval system, without permission in writing from the Publisher.
Typesetting, illustrations, index and epub by G J du Toit
Cover design by Nic Jooste, Comet Design
Foreword
A number of significant events happened in South Africa which impacted on labour law.
Substantial changes were proposed to reform labour laws as a result of the ever-changing labour market. Amendments were made to all main labour laws, namely the Basic Conditions of Employment Act, 1997, the Labour Relations Act, 1995, the Employment Equity Act, 1998 and also to social security laws such as the Occupational Health and Safety Act, 1993.
Some new laws, which impact on labour law, have also been enacted.
It is in the context of the above developments and debates that labour-law students and specialists are being trained.
The book successfully lays a sound basis for basic labour-law principles. Moreover, it enables students to integrate various concepts and different sources in order to develop critical analytical skills. In this way, the book empowers young and emerging scholars to assist in shaping future workplace laws. The book also may be used gainfully by IR and HR practitioners, line managers, supervisors, commissioners, arbitrators, union officials or anybody interested in getting a basic overview of the labour-law landscape.
This second edition’s innovative approach again breaks new ground in the 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.
Evance Kalula
Professor and Director: International Academic Programmes Office and Confucius Institute, University of Cape Town
President: International Labour and Employment Relations Association
Preface
In the past two years, since publication of the first edition of LABOUR LAW Rules! , significant events happened which impacted on labour law and some dramatic changes were proposed to reform labour law.
These amendments to the laws have been debated and most of them have been signed into law. Organised business called for making laws more flexible to create jobs, organised labour wanted more sustainable jobs and effective enforcement of laws. These calls have been made as a result of, inter alia , the fact that atypical work is increasing (the country has more workers in the informal sector generally not covered by law) than those employed in the formal sector (covered by law), the continuing high unemployment rate, persistent income inequality, continuing skills shortages, and inadequate job creation.
Amendments (already in operation) were made to all main labour laws such as the Basic Conditions of Employment Act, 1997 (BCEA), the Labour Relations Act, 1995 (LRA) (but the latter had not come into operation yet, and more amendments are in the pipeline, such as a strike ballot and checks on strikes to reduce violence), the Employment Equity Act, 1998 (EEA) and also to social security laws such as the Occupational Health and Safety Act, 1993 (OHSA) and the Unemployment Insurance Act, 2001 (UIA).
Some new laws also saw the light, for example, (i) the Employment Tax Incentive Act, 1 which provides tax incentives to encourage private sector employers to employ young people between 18 and 29 years old; (ii) the Empowerment of Women and Gender Equality Bill, 2 which focuses on equal representation of women in decision-making structures, female economic empowerment, protection, advancement and gender-mainstreaming; (iii) the Employment Services Act, 3 which provides for an employment service to provide free services to citizen-job seekers, matching them with available jobs, and associated matters. The employment of foreign nationals will be regulated in that an employer may not employ a foreign national prior to such person providing a work permit issued in terms of immigration laws.
Moreover, a National Development Plan to alleviate poverty, inequality and aims to improve health, education, growing the economy, and eradicating corruption, has seen the light. 4
It is in the context of the above developments and debates that we are training a new generation of labour law students and practitioners. They must be empowered to assist in shaping the future working environment and laws of the country.
The book is aimed at students who encounter labour law for the first time. It could also be used fruitfully by IR and HR practitioners, line managers, supervisors, CCMA commissioners, union officials, bargaining council or private arbitrators or anybody interested in a basic overview of the labour law landscape in the country.
The book, therefore, aims to lay a sound basis of labour law rules which will enable students to move to the next level of integrating various legal concepts and different sources in order to develop critical and analytical skills.
The text reflects materials available to us at October 2014.
Our sincere thanks go to Simon Sephton of Siber Ink and to Gawie du Toit.
Marié McGregor: General editor
Adriette Dekker: Assistant editor
Wilhelmina Germishuys: Editors’ assistant
Pretoria October 2014


1 26 of 2013. More than 130 000 young people have already been employed in terms of this Act.

2 GG 35637 of 29 August 2012 GN 701 of 2012, now B50D-2013.

3 4 of 2014.

4 This Plan has been drawn up after the New Growth Path (NGP) had not received a lot of support. The Plan foresees bolder policies to enhance investment and growth and, therefore, job creation and social and economic reforms.
Details of authors
• Marié McGregor BLC ( cum laude ) (Pret) LLB (Unisa) LLM AIPSA Dip (Pret) LLD (Unisa) Advanced Labour Law and Labour Arbitration Certificates (Centre for Business Law (Unisa))
Professor of Law, Department of Mercantile Law, Unisa
Formerly practising attorney of the High Court of South Africa); Deputy-Director, National Manpower Commission, Department of Manpower; co-author of General Principles of Commercial Law (Juta, 2004, 2007) and Law@work (LexisNexis, 2008, 2012, 2015); contributor to Annual Survey of South African law (2010) and The World Justice Project Rule of Law Index (2013); Recipient of Leadership in Research Award (Unisa) (2013)
• Adriette Dekker BLC ( cum laude ) LLB (Pret) Advanced Diploma (Labour Law) (UJ) LLM LLD (Unisa) Alternative Dispute Resolution Certificate (AFSA/UP)
Practising 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)
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, Department of Mercantile Law, Unisa; NRF-rated researcher (2012–2015)
Admitted attorney of the High Court of South Africa; ILO expert on workers’ right to freedom of association; contributor to Private Law and Practice: Critical analysis and legal reasoning (2012) and Law and Practice: Critical Analysis and Legal Reasoning (2013) SM Kierkegaard (ed) [IAITL]; NDST Distinguished Young Women: Social Sciences and Humanities Award (2013)
• Wilhelmina Germishuys BCom (UP) LLB (UP) LLM (Unisa) Advanced Labour Law Certificate (Centre for Business Law (Unisa)) Alternative Dispute Resolution Certificate (AFSA/UP)
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) in Advanced Labour Law
• Ernest Manamela BProc LLB (Unin) LLM (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; co-author of General Principles of Commercial Law (Juta, 2010, 2015)
• Tukishi Manamela BProc LLB (Unin) LLM (Unisa)
Associate Professor, Department of Mercantile Law, Unisa; advocate of the High Court of South Africa; co-author of General Principles of Commercial Law (Juta, 2010, 2015)
• Clarence Tshoose LLB, LLM (NWU)
Senior Lecturer, Department of Mercantile Law, Unisa
Formerly lecturer at NWU (Mafikeng Campus); postgraduate researcher at UJ Faculty of Law, Centre for International and Comparative Law and Social Security (CICLASS); contributor to Private Law: Rights, Duties and Conflicts (2010) and Law and Practice: Critical Analysis and Legal Reasoning (2013) SM Kierkegaard (ed) [IAITL]; Chairperson of Unisa Flagship Committee