Editorial 2005 (2)
This edition of LDD is in large part devoted to an assessment of the manner in which the Labour Relations Act 66 of 1995 (the LRA) has been interpreted and applied since it took effect in November 1996. Five of the articles are based on papers delivered at a...
A matter of ongoing concern: Judicial interpretation and misinterpretation of section 197 of Ihe Labour Relations Act
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...
Affirmation to realisation of the nght of access to information: Some issues on the implementation of PAIA
The article points to the importance of access to information to a properly functioning democratic society. That principle is reflected in section 32 of the Constitution and in the Promotion of Access to Information Act (PAIA).
The author notes, however, that there have been problems with PAIAÆs implementation. These...
Collective bargaining and the LRA
The article addresses three key issues relating to collective bargaining under the LRA: the meaning of the right to bargain collectively, the constitutional attack on the extension of collective agreements and the current state of sector-level bargaining. The author points out that we can distinguish a range of rights...
The Labour Relations Act and global competitiveness
The article addresses a theme that has become dominant in the discourse surrounding South Africa's labour legislation: is the labour market over-regulated? It starts by noting that the LRA was enacted at the very moment when South Africa's re-entry into the world economy exposed it to the global competition...
The LRA and the common law
While labour law has evolved to remedy the deficiencies in the common law, Malcolm Wallis argues, the common law is not as deficient as some believe; rather, common-law principles are often misapplied or misunderstood. There is a synthesis between the common law and labour legislation.
The legislature has recognised...
Trade unions and institutionalised workers' participation: The German experience
The article addresses the bold but thus far unsuccessful endeavour of the LRA to promote worker participation in managerial decision-making by means of workplace forums. A basic obstacle, the author argues, is uncertainty on the part of trade unions as to the implications of establishing these structures.
Transforming' South African professional sport: Some observations on recent developments
The article tackles a contentiious subject: the implications of transformative policies in the field of professional sport and, by extension, in employment more generally. One central concern is the effect of such policies on [he employment rights of professional sports players; another is the future of professional sport itself.