JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Special Issue 2007



Editorial 2007 Special Issue


This special issue of LDD is brought out in association with DITSELA (Development Institute for Training, Support and Education for Labour), the education and training arm of South Africa's three main trade union federations COSATU (the Congress of South African Trade Unions), FEDUSA (the Federation of Unions of South Africa) ...




Protection against unfair discrimination in the workplace: Are the courts getting it right?

 Du Toit, Darcy 

Darcy Du Toit provides a detailed discussion of discrimination on grounds that are branded as 'unfair' with reference to the Constitution, the LRA, the Employment Equity Act (EEA) and International Labour Organisation Convention 111.

The article examines the way that the courts have dealt with claims of unfair discrimination by...


Who's in and who's out: Labour law and those excluded from its protection

 Theron, Jan 

Jan Theron examines the role of trade unions in relation to the difficult question of which workers are, or should be, regarded as employees for the purposes of labour legislation. The article discusses the hierarchies found in the workplace and the problems associated therewith, and suggests how trade unions could...




FORUM CONTRIBUTION: Be careful what you wish for?

 Ronnie, Roger 

Roger Ronnie draws a balance sheet of the position of the trade union movement today. While analysing trade unions as organisations dealing with more than simply wages and employment conditions, the author also considers their political limitations and assesses the gains and losses flowing from the 1995 LRA from a...


FORUM CONTRIBUTION: Effects on the employment relationship of the insolvency of the employer: A worker perspective

 Carolus, Peter et al 

Peter Carolus, Thierry Galani Tiemeni and Kurt Ziervogel look critically at the Insolvency Act prior to the amendments of 2002 and the limited protection it gave workers on the insolvency of the employer. The effect of the Act was that workers' contracts of employment were automatically terminated by their employer's...


FORUM CONTRIBUTION: Ten years of the CCM: An assessment for labour

 Bernikow, Ronald 

Ronald Bernikow examines certain key areas of the CCMA's operations and the challenges it faces within the broader context of our labour laws. The article deals with the current state of CCMA service delivery as well as the debate over what has been termed the 'over-proceduralisation' of dispute resolution at...


FORUM CONTRIBUTION: The growing informalisation of work: Challenges for labour

 Dicks, Rudi 

Rudi Dicks discusses the South African phenomenon of 'informalisation' of the workforce, which is characterised by workers shifting from permanent employment to casualised and fixed-term contracts, outsourcing and employment through labour brokers.

These forms of employment are accompanied by, lack of job security, undermining of basic conditions of employment, erosion...


FORUM CONTRIBUTION: Dismissals for operational requirements

 Gandidze, Tapiwa 

Tapiwa Gandidze discusses dismissals for operational requirements in terms of the LRA with reference to the code of good practice on dismissals for operational requirements.

The author also analyses the 2002 amendments to the LRA which allow workers either to strike about the reason for dismissals or refer such a...


FORUM CONTRIBUTION: Enforcement difficulties in the public and private sectors

 Brown, John 

John Brown examines the enforcement of CCMA arbitration awards in terms of the LRA, as well as the enforcement of private arbitration awards in terms of the Arbitration Act of 1965. The author analyses relevant case law and highlights the real practical difficulties facing worker litigants in enforcing arbitration awards...