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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Labour relations under the new Constitution
Author:Brassey, Martin
Year:1994
Periodical:South African Journal on Human Rights
Volume:10
Issue:2
Pages:179-207
Language:English
Geographic term:South Africa
Subjects:labour relations
constitutions
1993
labour law
External link:https://doi.org/10.1080/02587203.1994.11827536
Abstract:In this article the author examines the effect on labour law of chapter 3 of South Africa's new Constitution of 1993 - the chapter on fundamental rights. The author summarizes the provisions that he takes to be relevant to the issue, explores their reach and gives examples of the ways in which they might apply to individual and collective industrial relations. The examples concern recruitment, terms of employment, termination of employment, and collective bargaining. The author concludes that the way in which labour cases are presented and decided will change, but that their outcome will actually change very little. This conclusion is based on the belief that much of South Africa's labour law falls beyond the purview of chapter 3, that the part it covers is in substantial conformity with its dictates, and that in cases of doubt the court will, like the Canadian Supreme Court, prefer to leave things be rather than change them. Notes, ref.
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