Labour Law

This is a collection of notes on labour law topics: retrenchment and transfers. These were prepared in anticipation of the final exam with the help of an exam scope.

Notes prepared in anticipation of the 2020/2021 exam season.

Extensive exam summary on Labour Law. Includes case law as well as the following topics: Introduction to Labour law, the relevant legislation and institutions; Dispute Resolution; Meaning of an 'employee'; Unfair discrimination and equality law; Dismissals; Transfers in terms of 197; Collective labour law and freedom of association.

Contains case facts and court determinations by section of law. 1. Labour Law and the Constitution -> Right to Engage in Collective Bargaining, Freedom of the Defence Forces to Join Trade Unions (South African National Defence Union vs. South African Defence Force.) 2. The Contract of Employment -> The Parties to the Employment Relationship, Employee Definition (Denel vs Gerber, Building Bargaining Council vs Melmons Cabinets CC, Murray vs Minister of Defence), Illegal Contracts (Discover...