INDUSTRIAL RELATIONS & LEGISLATION
CONSTITUTION (108 OF 1996)
● SA - one of the most up-to-date Constitutions - world.
● SA - democracy - 27 April 1994 - important to ensure - equality - all citizens.
● Democracy - ‘rule by the people’. (‘demos’ - people & ‘kratos’ - rule)
● Private citizens + businesses - fall under - Const + it forms - basis - other laws.
○ Const. - resulted - other laws - LRA
● Preamble of Const - introduction.
● The Const - supreme law.
*suffrage - right to vote
1. HUMAN RIGHTS:
● Due to SA history -HR- included in Preamble + first issue - addressed in chapter 1.
● Bill of Rights - spells out - detailed & specific rights + responsibilities - all citizens.
● The rights stipulated are those of:
○ Equality
○ Freedom of expression + association
○ Political + property rights
○ Housing
○ Healthcare
○ Education
○ Access to info + courts
○ Children’s + women’s rights
*PDI - previously disadvantaged people - restricted in their rights prior to 1994
Limitation Clause:
● Necessary - limit these rights - different people’s rights may conflict.
● E.g: I have freedom of exp but I can’t threaten others.
2. INCLUSIVITY:
● It’s a basic right in the Const. - equal opps + inclusion - all aspects of life + not be
discriminated against.
● SDA - training + opps - all to improve their skills + earning capacity.
Sanjana Vinod
, ● Ability - allow - all races, people with disabilities + other medical conditions - same
opps.
○ Racial integration @ schools
○ Attention - infrastructure - disabled learners - mainstream schools.
○ Same applies - workplace.
3. ENVIRONMENTAL ISSUES:
● Environment - needs protection - increased tech, growing populations +
urbanisation - strains on natural resources.
● Gov, individuals + businesses - work together - address issues + contribute towards
envir management.
● @ World Economic Forum in 1999 - Global Compact introduced - promoting
sustainable globalisation by addressing - HR, Labour, Environment + Governance
- 10 principles - global companies + MNCs - asked to subscribe to.
○ SA joined Global Compact - 2003 + monitored by - UNISA.
● Al Gore - worldwide spokesperson - envir issues + global warming.
● This - in line with - King Reports + JSE requirements - TBL reporting.
LABOUR RELATIONS ACT (66 of 1995) AS AMENDED
LRA - based on the Const. + provides - basic legal framework - SA labour relations system.
1. PURPOSE OF THE LRA:
● Main objectives:
○ Enforce fundamental rights - granted by Const.
○ Enforce SA’s international obligations - as member - ILO.
○ Provide framework - collective bargaining - TUs + employees.
○ Promote effective resolution - labour disputes - employee participation in
decision-making.
● Act - basic rules + mechanisms - control communication, bargain or negotiate
relationships - employers + employees.
● LRA applies - every employer + employee in SA - except - members of National
Defense Force, Intelligence Agency + SA Secret Service.
● Act covers - issues - freedom of association, TUs. strikes, lockouts, collective
bargaining, dispute resolution + unfair labour practice - unfair dismissal.
Sanjana Vinod
CONSTITUTION (108 OF 1996)
● SA - one of the most up-to-date Constitutions - world.
● SA - democracy - 27 April 1994 - important to ensure - equality - all citizens.
● Democracy - ‘rule by the people’. (‘demos’ - people & ‘kratos’ - rule)
● Private citizens + businesses - fall under - Const + it forms - basis - other laws.
○ Const. - resulted - other laws - LRA
● Preamble of Const - introduction.
● The Const - supreme law.
*suffrage - right to vote
1. HUMAN RIGHTS:
● Due to SA history -HR- included in Preamble + first issue - addressed in chapter 1.
● Bill of Rights - spells out - detailed & specific rights + responsibilities - all citizens.
● The rights stipulated are those of:
○ Equality
○ Freedom of expression + association
○ Political + property rights
○ Housing
○ Healthcare
○ Education
○ Access to info + courts
○ Children’s + women’s rights
*PDI - previously disadvantaged people - restricted in their rights prior to 1994
Limitation Clause:
● Necessary - limit these rights - different people’s rights may conflict.
● E.g: I have freedom of exp but I can’t threaten others.
2. INCLUSIVITY:
● It’s a basic right in the Const. - equal opps + inclusion - all aspects of life + not be
discriminated against.
● SDA - training + opps - all to improve their skills + earning capacity.
Sanjana Vinod
, ● Ability - allow - all races, people with disabilities + other medical conditions - same
opps.
○ Racial integration @ schools
○ Attention - infrastructure - disabled learners - mainstream schools.
○ Same applies - workplace.
3. ENVIRONMENTAL ISSUES:
● Environment - needs protection - increased tech, growing populations +
urbanisation - strains on natural resources.
● Gov, individuals + businesses - work together - address issues + contribute towards
envir management.
● @ World Economic Forum in 1999 - Global Compact introduced - promoting
sustainable globalisation by addressing - HR, Labour, Environment + Governance
- 10 principles - global companies + MNCs - asked to subscribe to.
○ SA joined Global Compact - 2003 + monitored by - UNISA.
● Al Gore - worldwide spokesperson - envir issues + global warming.
● This - in line with - King Reports + JSE requirements - TBL reporting.
LABOUR RELATIONS ACT (66 of 1995) AS AMENDED
LRA - based on the Const. + provides - basic legal framework - SA labour relations system.
1. PURPOSE OF THE LRA:
● Main objectives:
○ Enforce fundamental rights - granted by Const.
○ Enforce SA’s international obligations - as member - ILO.
○ Provide framework - collective bargaining - TUs + employees.
○ Promote effective resolution - labour disputes - employee participation in
decision-making.
● Act - basic rules + mechanisms - control communication, bargain or negotiate
relationships - employers + employees.
● LRA applies - every employer + employee in SA - except - members of National
Defense Force, Intelligence Agency + SA Secret Service.
● Act covers - issues - freedom of association, TUs. strikes, lockouts, collective
bargaining, dispute resolution + unfair labour practice - unfair dismissal.
Sanjana Vinod
