.
Labour Law
LLA101
, Introduction to Labour Law 3 12
Contract of Employment 13 26
Meaning of Employee 27 40
Basic / Minimum standards legislation 41 57
Meaning of dismissal 58 67
Automatically unfair dismissals 68 79
Discipline and misconduct 80 108
Incapacity (and dismissal) 109 123
Operational Requirements (and dismissal) 124 136
Transfer of employment contracts 137 147
Unfair labour practices 148 160
Employment equity 161 183
Collective labour law introduction 184 187
Freedom of Association 188 192
Organisational Rights 193 203
Collective bargaining and its role in law 204 213
Statutory Bargaining Councils / forums 214 219
Strikes & Lockouts 220 238
Protest Action 239 240
Workplace forums 241 243
Dispute resolution 244 259
RESOURCES FOR COMPILING THIS DOCUMENT:
The New Essential Labour Law Handbook 7 th Edition 2017 (C Garbers et. All) ISBN
978-0-620-86150-2
Labour Relations Act [From ILO website]
Basic Conditions of Employment Act [From ILO website]
Employment Equity Act [From ILO website]
Companies Act [From Department of Labour website]
Protected Disclosures Act [From Government website]
Code of good Practice [Schedule 8 LRA From ILO Website]
CAUTION:
When doing assignments please reference the textbook and documents as
above and note that this document is merely A GUIDE NOT TO BE USED SOLEY FOR
ASSIGNMENTS AND CAN NOT BE REFERENCED! Please use correct referencing in
your assignments.
2 (Copyright) Noted Summaries www.notedsummaries.co.za
,.
SOURCES:
= system of rules regulating one aspect of modern p The constitution
society (work / labour) p International labour
standards
(formal) = body of legal rules regulating relationships p Codes of good practice
between employers and employees, between p Collective agreements
employers and trade unions and between employers p Common law &
organisations and trade unions p Employment contract
IMPORTANT RELATIONSHIP
= between an employer (can be an individual person, company, Government or other
type of organisation) and an employee.
= LABOUR LAW RULES focusing on the individual relationships will be different from
the rules relating to groups of people.
THE STATE IS THE SINGLE LARGEST EMPLOYER THAT ALSO HAS
RULE-MAKING POWERS
INDIVIDUAL AND COLLECTIVE LABOUR LAW
“Individual” relationship = between employer and single employee
relates to the conclusion of the contract of employment by the employer and an
individual employee, the contents of that contract, enforcement of the contract and
termination of the contract
IMPORTANT PROVISIONS RELATING TO PROTECTION OF INDIVIDUAL EMPLOYEES:
p Labour Relations Act 66 of 1995 (LRA) e.g:
p Basic Conditions of Employment Act 75 of 1995 (BCEA) p Relationship between
p Employment Equity Act 55 of 1998 (EEA) employers, employers
organisations, trade unions
and trade union federation
“Collective” relationship = relationship between collective entities / groups
Focus / concentrates = collective bargaining between employers and trade unions and
strikes and lockouts
Strike = collective action taken by a number of employees for work-related
purposes
Lockout = employer locking out its employees from the work place for a work-
related purpose Important:
Although trade union representatives are elected by trade union members and represent the
interests of members within the workplace, THEY REMAIN EMPLOYEES OF THE
EMPLOYER AND ARE STILL SUBJECT TO THE DISIPLINARY RULES OF THE EMPLOYER
3 (Copyright) Noted Summaries www.notedsummaries.co.za
, • Conduct by collective entities may affect individual relationship vice versa
(conduct that belongs in the sphere of individual employment relationship may
have consequences on a collective level)
COMMON LAW AND ITS INADEQUACIES
=the ease with which agreements can be entered into
FREEDOM TO CONTRACT and cancelled on notice
Individual relationship (employeeqemployer) = CONTRACTUAL RELATIONSHIP
(reflected in contract of employment)
COMMON LAW = regulate matters where parties neglected to address certain issues
CHANGING NATURE OF EMPLOYMENT = highlight deficiencies of freedom to contract
& residual provisions of common law to adequately cater for needs of employees
EXAMPLES OF DEFICIENCIES
p The relationship between an employer and a single employee is inherently
UNEQUAL
p Negates the fact that an employee regards employment as long-term relationship
coupled with desire for improvement of T&C (terms and conditions) [deficiency =
freedom to contract enshrines ability to terminate employment easily =
employees concern is for stability & security of employment] and this led to rise
of trade union movement & increased recognition for restore of equity in power
relationship
p Power relationship between an employer and employee is an extremely complex
relationship = relationship of economic dependence.
p Nature of employment has undergone significant changes [biggest challenge
currently = 4th Industrial Rev “gig economy” placing pressure on employment and
security thereof and continued reliance on established institutions] and common
law has a lack of accommodation for the collective nature of the modern
employment relationship and process of collective bargaining.
ADRESSING COMMON LAW DEFICIENCIES
Important:
Most important way of addressing deficiencies = THROUGH
OVERRIDING LEGISLATION!
FOCUSES:
1. Promotion of job security & setting of minimum conditions of employment
Labour Relations Act , Basic Conditions of Employment Act , National Minimum
Wage Act and the Employment Equity Act.
LRA = contains important provisions aimed at job security (protection against unfair
dismissal)
BCEA (purpose) = set certain minimum conditions of employment
NMWA = regulates minimum wages (BCEA DOES NOT REGULATE MIN WAGE)
EEA = prohibits unfair discrimination & promotes affirmative action and outlines what
“affirmative action” means and how it should be implemented by employers.
4 (Copyright) Noted Summaries www.notedsummaries.co.za
Labour Law
LLA101
, Introduction to Labour Law 3 12
Contract of Employment 13 26
Meaning of Employee 27 40
Basic / Minimum standards legislation 41 57
Meaning of dismissal 58 67
Automatically unfair dismissals 68 79
Discipline and misconduct 80 108
Incapacity (and dismissal) 109 123
Operational Requirements (and dismissal) 124 136
Transfer of employment contracts 137 147
Unfair labour practices 148 160
Employment equity 161 183
Collective labour law introduction 184 187
Freedom of Association 188 192
Organisational Rights 193 203
Collective bargaining and its role in law 204 213
Statutory Bargaining Councils / forums 214 219
Strikes & Lockouts 220 238
Protest Action 239 240
Workplace forums 241 243
Dispute resolution 244 259
RESOURCES FOR COMPILING THIS DOCUMENT:
The New Essential Labour Law Handbook 7 th Edition 2017 (C Garbers et. All) ISBN
978-0-620-86150-2
Labour Relations Act [From ILO website]
Basic Conditions of Employment Act [From ILO website]
Employment Equity Act [From ILO website]
Companies Act [From Department of Labour website]
Protected Disclosures Act [From Government website]
Code of good Practice [Schedule 8 LRA From ILO Website]
CAUTION:
When doing assignments please reference the textbook and documents as
above and note that this document is merely A GUIDE NOT TO BE USED SOLEY FOR
ASSIGNMENTS AND CAN NOT BE REFERENCED! Please use correct referencing in
your assignments.
2 (Copyright) Noted Summaries www.notedsummaries.co.za
,.
SOURCES:
= system of rules regulating one aspect of modern p The constitution
society (work / labour) p International labour
standards
(formal) = body of legal rules regulating relationships p Codes of good practice
between employers and employees, between p Collective agreements
employers and trade unions and between employers p Common law &
organisations and trade unions p Employment contract
IMPORTANT RELATIONSHIP
= between an employer (can be an individual person, company, Government or other
type of organisation) and an employee.
= LABOUR LAW RULES focusing on the individual relationships will be different from
the rules relating to groups of people.
THE STATE IS THE SINGLE LARGEST EMPLOYER THAT ALSO HAS
RULE-MAKING POWERS
INDIVIDUAL AND COLLECTIVE LABOUR LAW
“Individual” relationship = between employer and single employee
relates to the conclusion of the contract of employment by the employer and an
individual employee, the contents of that contract, enforcement of the contract and
termination of the contract
IMPORTANT PROVISIONS RELATING TO PROTECTION OF INDIVIDUAL EMPLOYEES:
p Labour Relations Act 66 of 1995 (LRA) e.g:
p Basic Conditions of Employment Act 75 of 1995 (BCEA) p Relationship between
p Employment Equity Act 55 of 1998 (EEA) employers, employers
organisations, trade unions
and trade union federation
“Collective” relationship = relationship between collective entities / groups
Focus / concentrates = collective bargaining between employers and trade unions and
strikes and lockouts
Strike = collective action taken by a number of employees for work-related
purposes
Lockout = employer locking out its employees from the work place for a work-
related purpose Important:
Although trade union representatives are elected by trade union members and represent the
interests of members within the workplace, THEY REMAIN EMPLOYEES OF THE
EMPLOYER AND ARE STILL SUBJECT TO THE DISIPLINARY RULES OF THE EMPLOYER
3 (Copyright) Noted Summaries www.notedsummaries.co.za
, • Conduct by collective entities may affect individual relationship vice versa
(conduct that belongs in the sphere of individual employment relationship may
have consequences on a collective level)
COMMON LAW AND ITS INADEQUACIES
=the ease with which agreements can be entered into
FREEDOM TO CONTRACT and cancelled on notice
Individual relationship (employeeqemployer) = CONTRACTUAL RELATIONSHIP
(reflected in contract of employment)
COMMON LAW = regulate matters where parties neglected to address certain issues
CHANGING NATURE OF EMPLOYMENT = highlight deficiencies of freedom to contract
& residual provisions of common law to adequately cater for needs of employees
EXAMPLES OF DEFICIENCIES
p The relationship between an employer and a single employee is inherently
UNEQUAL
p Negates the fact that an employee regards employment as long-term relationship
coupled with desire for improvement of T&C (terms and conditions) [deficiency =
freedom to contract enshrines ability to terminate employment easily =
employees concern is for stability & security of employment] and this led to rise
of trade union movement & increased recognition for restore of equity in power
relationship
p Power relationship between an employer and employee is an extremely complex
relationship = relationship of economic dependence.
p Nature of employment has undergone significant changes [biggest challenge
currently = 4th Industrial Rev “gig economy” placing pressure on employment and
security thereof and continued reliance on established institutions] and common
law has a lack of accommodation for the collective nature of the modern
employment relationship and process of collective bargaining.
ADRESSING COMMON LAW DEFICIENCIES
Important:
Most important way of addressing deficiencies = THROUGH
OVERRIDING LEGISLATION!
FOCUSES:
1. Promotion of job security & setting of minimum conditions of employment
Labour Relations Act , Basic Conditions of Employment Act , National Minimum
Wage Act and the Employment Equity Act.
LRA = contains important provisions aimed at job security (protection against unfair
dismissal)
BCEA (purpose) = set certain minimum conditions of employment
NMWA = regulates minimum wages (BCEA DOES NOT REGULATE MIN WAGE)
EEA = prohibits unfair discrimination & promotes affirmative action and outlines what
“affirmative action” means and how it should be implemented by employers.
4 (Copyright) Noted Summaries www.notedsummaries.co.za
