A matter of ongoing concern: Judicial interpretation and misinterpretation of section 197 of Ihe Labour Relations Act

Volume: Volume 9(2) - 2005

Article type: Refereed article

Author/s: Benjamin, Paul

The author critically examines section 197 of the LRA, a section that has been the subject of much debate. The author discusses the initial 'emasculation' of section 197 by way of judicial interpretation and the reasons for it.

Some of these difficulties were remedied by the decisions of courts of appeal and by legislative amendment. However, the author points out that there are still several difficult questions to be addressed, including the interrelationship between sections 197 and 198 (which deals with temporary employment services) as well as so-called 'second-generation contracting-out'. The article concludes by considering the role that section 197 might play in the context of broader labour market change in South Africa as a means of externalising employment.

About the author/s

Paul Benjamin

Over the last four decades, Paul Benjamin has combined an engaged practice in labour law with policy-oriented research and legislative drafting. His current research interests include the design of effective regulatory strategies to achieve compliance with the labour standards and the expansion of labour law to cover unprotected forms of work.

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