Global ETD Search
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Showing 1 to 20 of 20 for “"Labour Relations Act 66 of 1995"”.
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A critical discussion of the collective bargaining provisions in Labour Relations Act 66 of 1995
The Labour Relations Act of 1995, hailed as an achievement to rank in importance alongside the Industrial Conciliation Act of 1924, remains the legal punchbag of the nineties. Despite its hurricane passage through NEDLAC and Parliament, the criticism generated by its predecessor (the Draft Bill) …
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Workplace forums: a critical appraisal with specific reference to section 80 (2) and 84 of the Labour Relations Act, 66 of 1995
… and the final Constitution, respectively Act 200 of 1996 and Act 108 of 1996, has ushered South Africa into a new era. An era that will be characterized by it's influence on our jurisprudential, political, socio-economic and religious rights. The Labour Relations Act 66 of 1995 in general …
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The potential impact of the labour relations act 66 of 1995 on organised labour and labour organisation in the Western Cape agricultural sector
This dissertation looks at the history of farmworker organisation on farms in the Western Cape, and factors which have played a role in the demise and the growth of the union movement in the last few decades. In particular it focuses on the role which legislation has played, and will play, in …
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Interpreting the 2015 amendments to the Labour Relations Act 66 of 1995 in light of the underlying purpose of South Africa's labour laws
… dissertation is to establish what the purpose of labour law is and thereafter determine whether or not the Labour Relations Act 66 of 1995 (LRA) is doing enough to make sure that such purpose is realised. It is important to note that this paper is only limited to the purpose of labour law and …
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Protection versus flexibility: a critical analysis of the new labour brokering provisions introduced by the 2014 amendments to the Labour Relations Act, 66 of 1995
The paper will focus primarily on Labour Law with a particular emphasis being placed on the amendments to the LRA that deal with labour-broker employees. In order to fulfil this endeavour, the perceived purpose of labour law will be looked at to inform a discussion of what the amendments should be …
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Extension of bargaining council agreements : international norms and the situation in South Africa
Section 23(5) of the Constitution protects this right to engage in collective bargaining and the Labour Relations Act 66 of 1995 (LRA) promotes collective bargaining, in particular at sectoral level. As part of the promotion of sector level bargaining, parties in a Bargaining Council rnay request …
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Dismissals for misconduct conducted outside the employer's premises, particularly with misconduct that takes place on social media.
South African labour laws have been amended several times since 1994 and continues to change with the circumstances employers and employees face daily. Given the pandemic, the place where employees render services in terms of the employment contract is not always at the employer's premises. The …
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A critical analysis of the legislation governing the acquisi-tion of organisational rights
The purpose of this mini-dissertation is to critically analyse the legislation governing the acquisition of organisational rights. To be specific, the study is on the second re-quirement for the acquisition of organisational rights, namely, that the union must enjoy a certain level of …
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Perceptions on the impact of nurses' strikes on nurses, the nursing profession and on quality of health care in KwaZulu-Natal Province
The aim of this study was to pursue an exploratory, descriptive case study to investigate perceptions on the impact of nurses' strikes on nurses, the nursing profession and on the quality of health care. Other aspects of the strike phenomenon that were investigated included the issues of job …
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The judicial review of CCMA awards in South Africa
The Labour Relations Act 66 of 1995 (“LRA”) brought fundamental changes to the South African labour dispute resolution system. The LRA is a codification of section 23 of the Constitution, being the right to fair labour practices. In line herewith employees are protected from being unfairly …
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From Sidumo to Dunsmuir the test for review of CCMA arbitration awards
… seeks to identify the test for judicial review of arbitration awards issued by the Commission for Conciliation, Mediation and Arbitration ('CCMA'). Currently, that test is set out in section 145 of the Labour Relations Act 66 of 1995 ('LRA'), read with the Constitutional Court's decision in …
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Representation at CCMA tribunal: still a vexed issue
… should play in tribunals charged with the task of labour dispute resolution. With the enactment of the Labour Relations Act 66 of 1995 (hereinafter 'LRA') Minister Tito Mboweni, then the Minister of Labour, repeatedly commented that the Commission for Conciliation, Mediation and Arbitration …
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Does the labour relations act unjustifiably limit the constitutional right of employees to freedom of assembly? Examining the constitutionality of the prohibition on purely political protest action and gatherings by off-duty employees over disputes of mutual interest
This thesis examines whether the Labour Relations Act 66 of 1995 (‘LRA’) justifiably limits the constitutional right to employees to freedom of assembly in accordance with s36(1) of the Constitution of the Republic of South Africa, 1996 (‘the Constitution’). This question is considered in two broad …
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‘When is dismissal an appropriate sanction for misconduct? and who has the last say?’
… I will present a historical development of the manner in which South African courts have tested the fairness of dismissals, for misconduct. South African Labour history has been marred by confusion and inconsistency in relation to the test to be adopted in determining the fairness of …
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The 10th anniversary of the uprising: Post the De Doorns strikes how has organising changed for farmworkers in the Western Cape
… After the political transition in 1993 labour legislations were extended to farmworkers which included: the Basic Conditions of Employment Act of 1998, the Labour Relations Act 66 of 1995, which extended the right to organise and strike to farm workers; the Extension of Security of …
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Did the Constitutional Court decision in Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others(CCT194/17) [2018] ZACC 22 do away with the TES practice in South Africa?
This paper is on the impact of the Labour Relations Amendment Act 6 of 2014(LRAA) on the Temporary Employment Services(TES) in South Africa. The TES practice involves a triangular relationship where the TES places workers/employees with a client to provide labour for the benefit of the client. Over …
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Employee participation and voice in companies : a legal perspective
… a dramatic overhaul through the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance: companies no longer are accountable to their shareholders only but to society at large. Leaders should direct company strategy and operations with a …
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What to do about unprotected strikes at Nkomati Mine?
… is situated in Mpumalanga between the towns of Machadodorp, Barberton and Nelspruit. It is a mining company, mining a variety of minerals, however their primary mineral is Nickel. It employs around 494 employees. The author, continuously observed that employees, often ignore grievance …
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Public Service Labour Relations: Centralised Collective Bargaining and Social dialogue in the Public Service of South Africa(1997 to 2007)
Through South African labour legislation, bargaining councils are empowered to conclude collective agreements between employers and trade unions. While bargaining councils were created for virtually every sector within the South African private sector, only one bargaining council exists for the …