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 parts. The first part demonstrates two limitations. First, the inability of s77 of the LRA to provide legislative protection to employees who wish to embark on socioeconomic protest action over a purely political issue. Second, the LRA’s prohibition on off-duty employees utilising the Regulation of Gatherings Act 205 of 1993 (‘RGA’) to demonstrate against their employer over a dispute of mutual interest. While no court has yet considered if the LRA prohibits purely political protest action, the Labour Appeal Court in ADT Security v NASUWU 2015 (36) ILJ 152 (LAC) (‘ADT Security’) held that is unlawful for off-duty employees to demonstrate over a dispute of mutual interest under the RGA. The first part begins by establishing how the LRA’s statutory definition of protest action cannot, in its current form, protect purely political protest and how this limits the constitutional right of employees to free assembly. Similarly, it explains how ADT Security clearly establishes that the LRA limits the constitutional right of employees to freedom of assembly by infringing their constitutional right to assemble and demonstrate in compliance with the RGA. The second part tests both limitations against s36(1) of the Constitution, the limitation clause, to assess if either infringement justifiably limits the constitutional right of employees to freedom of assembly, enshrined in s17 of the Bill of Rights. Considering the factors in s36(1)(a)-(e) of the Constitution, and other relevant factors, it examines if the purpose and reasons for either limitation are sufficiently compelling so as to be reasonable and justifiable. It concludes by arguing both limitations unjustifiably limit the constitutional right of employees to free assembly. Two recommendations are made. First, that the LRA be amended to expressly permit employees to demonstrate over disputes of mutual interest, in compliance with the RGA, in certain circumstances. Second, that the LRA be amended to expressly permit purely political protest action, provided the protest action is limited in scope and duration and subject to oversight by the Labour Court.

A Penrose Staircase- an impossible object always ending ascending yet constantly descending and ending as an illusion. This is Employment Equity legislation in South Africa with its purported aim of redressing the disadvantages of its designated groups. It is legislation that aims to promote equal opportunity, fair treatment and eliminate unfair discrimination yet cannot unshackle itself from the very types of racial identifiers that it wishes to have eliminated. This paper is an attempt to give greater content and context to the purpose of Employment Equity than the few sentences provided in the preamble of the Act. In particular, I have focused on the Act's own racial differentiator - 'Blacks' - as a seemingly convenient catch-all rubric which is drenched with the very abhorrent salience of race and thickening of racial classifications which it wishes to escape from. 'Blacks', as Africans, Indians and Coloureds, as I will conclude, have intertwined yet different experiences of apartheid and their emergence from Apartheid and projected future can be so vastly contrasted that Employment Equity measures based on its current simplified Verwoerd an racial descriptors will perpetuate inequality and racial disunity. This paper is a study some of the more than three hundred years of policies, practices, laws and the might of the sophisticated government machinery which aimed at placing Whites at the apex of control over the country's resources and contrast how each of the designated groups have (1) experienced legislated discrimination aimed against them; (2) as a snapshot of 1994, how they have emerged from this history and(3) the predicted trajectory that each group can expect in their share of resources in the future.

Alternative Dispute Resolution (ADR) is a vastly growing enterprise in conflict management the world over. Its application in managing labour relations and the attendant disputes has been tested and is well settled. Kenya, in recognition of this phenomenon, has adopted a legal framework making provisions for both ADR and Labour rights in its most supreme law, the Constitution of Kenya, 2010. This informs the theme of the current study. The disciplines that are ADR and labour relations are overwhelmingly extensive. Thus they cannot find conclusive commentary in a single book leave alone a thesis with a predicated word count. This paper is neither a one stop-shop treatise nor an integral text on either disciplines but a comprehensive commentary, on the interplay between ADR and labour relations. Fair treatment has been accorded and care has been borne to neither starve one nor belabor the other. It is a commentary spanning eons, reaching out to the past, tracking development and addressing the prevailing circumstances in respect of ADR's application in labour dispute resolution in Kenya. The rich literature review (books, statutes, conventions, journals, articles) quoted is as informative as it is illuminating, and presents a wealth of knowledge. The overall aim is to assess the place of ADR in labour relations in Kenya and spur academic, intellectual and sector-wise debate on the foregoing.

“Before the Internet, it would be really difficult to find someone, sit them down for ten minutes and get them to work for you, and then fire them after those ten minutes. But with technology, you can actually find them, pay them the tiny amount of money, and then get rid of them when you don’t need them anymore.”1 (Quoted by Marvit, 2014) In the present world of work, technology is a preferred and integral platform for many persons. The rise of the so called ‘gig economy’, has created a precarious livelihood for those dependent on work performed on various internet-based platforms. Recently the ‘Uber work on demand’ application was introduced into the South African market. With any new invention, there comes with it many advantages as well as disadvantages. The introduction of the gig economy in South Africa has resulted in a great deal of job creation. However the Uber app has been introduced in such a manner that it conveniently bypasses labour law by appointing drivers as ‘independent contractors’. This dissertation aims to discuss the manner in which Uber drivers conduct work and, furthermore, argues that if such work results in an employment relationship, the drivers should fall under the protection of South Africa’s labour law. This dissertation will discuss the relationships that exists in the Uber context. It will, moreover discuss the potential individual and collective employment rights that could be afforded to Uber driver should they be regulated. The introduction of Uber in South Africa is relatively new and legal proceedings are only recently making their way to court. This dissertation will therefore draw on international law and the law of the United Kingdom to inform the position to be taken to the Uber arrangement in South Africa

Background and motivation: Nkomati Joint Venture Mine (Nkomati) 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 procedures when dissatisfied and embark on unprotected strikes, that is strikes that do not comply with section 64 and 65 of the Labour Relations Act 66 of 1995 (the LRA)1 . This ignorance often result in relationship discomfort, complaints, grievances, disciplinary action and other forms of workplace conflict that have a negative impact on organisational functioning. The author subsequently intends to analyse unprotected strikes at Nkomati in order to identify problem areas and recommendations to eliminate, manage and/or reduce such actions. The author believes that unprotected strikes may be reduced, managed and/or eliminated if parties are aware of the position of labour law on unprotected strikes including violence, damaging of property and intimidation during strikes. These unawareness could be significant contributor to final warnings issued to all employees who participated in the unprotected strike and 11 employees who were dismissed for misconduct during the said unprotected strike on 23 April 2018 at Nkomati. A better understanding on how employees must conduct themselves during strikes may promote the quality of employment relations at Nkomati. Problem statement and purpose The right of employees to strike is entrenched in the Constitution of the Republic of South Africa in terms of section 23(2)(c). It is important to note that the right may nonetheless be limited as encapsulated in section 36 of the constitution.2 The primary objective for employees to embark into to a strike action is to inflict economic harm on their employers so that the employer will accede to their demands.3 The abuse of such power by trade union or employees has become rather a thorny issue for employers.4 The main purpose of this study is to analyze in depth the legal implications of employees' participation in unprotected strikes. The study will cover the following discussions: Chapter 1 gives the introduction and background. Chapter 2 deals with the legal framework. Chapter 3 deals with remedies. Lastly, Chapter 4 draws conclusions and makes recommendations. The study will also determine if Schedule 8 of the Code of Good Practice: Dismissal, according to item 6(2), is effective in deterring unprotected strikes and unlawful conduct during strikes. The study examines the Nkomati disciplinary code and procedure mechanisms to curb unprotected strikes that are marred with unlawful conduct. The amount of unprotected and violent strikes, while the Nkomati events provide an example of one situation. The study will determine if there are any areas of the law or other alternative mechanisms that can be developed to curb the occurrence of unprotected strikes associated with unlawful conduct. Research questions: This research seeks to answer these questions: i. What is an unprotected strike and what are the legal implications of participating in such a strike? ii. What legal mechanisms can be used to deal with unprotected strikes? iii. How should misconduct during strikes be dealt with? iv. Does Schedule 8 to the LRA, the Code of Good Practice: dismissal, offer meaningful ways to curb unprotected strikes and unlawful conduct? Finally, the analysis of the consequences of unprotected strikes assists the study to determine methods through which proactive approaches can be developed in order to minimize or deter unprotected strikes and unlawful conduct during strikes with the objective of improving relations between employees and Nkomati.7 The study recommends pragmatic suggestions to both employees and Nkomati management to harmoniously resolve their disputes and grievances. Research methodology: The dissertation comprises of desktop research. Information will be drawn from documented evidence which is empirical in nature. Furthermore, the dissertation will entail the analysis of legislation, case law, journals and articles. A comparison will be made on the applicable laws in South Africa and what had transpired at Nkomati with the aim to identify any gaps in our labour laws governing unprotected strikes. In order to paint a clear picture of some experiences, the author of the dissertation will discuss relevant Nkomati events pertaining to the strike and will provide an analysis on them. Reference is made to the Constitution, as the primary source of the right to strike. The dissertation refers extensively to the Labour Relations Act (LRA), as the statute which makes provision for the right to strike, and other provisions relating to strikes. Dissertation structure: Chapter 1 deals with the introduction and background. Chapter 2 deals with the legal framework. Chapter 3 deals with remedies for unprotected strikes and unlawful activities during strikes. Lastly Chapter 4 deals with conclusion and recommendations.

Sex based wage discrimination has received much attention especially in the late seventies and throughout the eighties. South Africa has had pay equality provisions in place since 1980 and specific legislation in 1988. Although no comprehensive gender based wage study exist prior to 1980, international surveys in those countries indicates that large wage gaps between the income of men and women existed. This paper deals with possible reasons for gender bias perceptions and historical perceptions. The international perspective is dealt with on a comparative basis and possible reasons for success and failures are addressed. The previous government's race discrimination policies had direct bearing; not only on the race disparities but on sex based wage inequality. Black people were barred from occupying certain positions in the public service. Black women were, therefore, effectively prevented from entering the higher income job market. This resulted in a concentration of black women in the lower income categories of work ie, domestic and home related work. To measure the pay inequality, one has to have a comparator and this sometimes proves to be difficult. Women being concentrated in, for instance domestic jobs, have no male comparator to prove the existence of sex discrimination. The tendency throughout the world is for employers to concentrate women into a job category and rate that specific job low, thereby paving the way for lower wages. A directive was introduced by the Treaty of Rome whereby equal remuneration for jobs of equal value was to be enforced. Women were put in a position to challenge the neutrality of a job evaluation systems. In terms thereof women could challenge the pay structure by challenging the gender neutrality of the job evaluation study. The vital elements in conducting an action of this nature are discussed in the South African paradigm with reference to foreign experiences. Although no specific equal pay legislation exists, the Labour Relations Act of 1995, prohibits direct and indirect sex discrimination. This legislation is in line with international criteria and it is submitted that the prohibition includes equal pay for work of equal value. The defences raised by employers in foreign countries are discussed, although the applicability thereof remains uncertain. The Green Paper of Employment and Occupational Equity has been published. The Equal Pay issue has been identified as requiring attention. Interviews with NALEDI have indicated that the issues still have to be formalised before negotiations between trade unions, employers and the government are to commence. The international arena has provided a fruitful setting for gender equality, and although the success has been limited, we expect South Africa to draw from the experiences. Legislation in this regard is not expected before the later part of 1998. There are many academics, feminists and gender equality activists eagerly awaiting the publication of the Employment and Occupational Equity Act. Some points are made which are vital for effective legislation. On the other hand, the ineffectively of legislation in this field has been proved repeatedly in other countries.

The world of work is experiencing rapid changes brought about by the Fourth Industrial Revolution (4IR) and Globalization. The membership of trade union also seems to be on declining.The aim of this dissertation is to determine changes in the world of work as and it, furthermore, considers the impact of these processes on trade unions. The dissertation looks at the current status of work and of trade unions especially in South Africa. It considers the legislation regulating labour relations and other international labour instruments. The dissertation will also attempts to examine whether labour relations lawcan serve the interests of unions and all workers in the new world of work. The dissertation concludes that there is still a future for trade unions in the 4IR. However, there are changes that need to be considered in the way in which they organise and run their affairs.The dissertation concludes with a brief discussion on the various ways unions could re-organise in order to remain relevant.

Migration can be a hazardous venture, particularly if carried out clandestinely. Evidence indicates that foreigners working without formal authorisation, i.e. 'irregular migrant workers', are in a particularly vulnerable position primarily because of their irregular immigration status. They are more likely to be subjected to exploitative and unsafe employment practices in terms of benefits and conditions. This study examines the protection available to this category of migrant workers in South Africa, particularly their right of access to work-related social protection. South Africa is a major migrant-receiving country in Southern Africa because of its relatively stronger economy and political stability. However, the employment of foreign nationals without work permits, or foreigners working contrary to visa requirements, raises a series of policy issues. These issues, against the background of fairness and equity discourses pertaining to socio-economic entitlements, become exacerbated. This study examines the adequacy of domestic, constitutional and legislative frameworks that offer work-related social protection to foreign workers in South Africa. In the context of international, continental, and regional instruments that provide similar protection to irregular migrants, it could be argued that South Africa's restrictive legislative framework compromises equality in the right of access to social protection for some migrants. Although effective migration management depends on careful juxtaposition of myriad policies, emerging evidence suggests conflicting interplay between key South African policies intended to manage the rights of workers specifically and labour migration in the country generally. Critical analysis of relevant national immigration, labour, and social security laws indicates inconsistency with international human rights principles concerning the equality of opportunity or treatment of irregular migrants vis-àvis regular migrants and nationals regarding social protection. Yet, inequalities in the actual processes or opportunities (means) embedded in these policies disentitle many vulnerable foreign workers from important constitutionally entrenched fundamental rights because their presence and/or employment violates existing immigration laws. The study concludes by recommending policy interventions that may help remedy these problems.

With the expansion of the open market system and globalization, employees increasingly need more protection from the law. So how to properly and efficiently develop a labour law system is becoming an important question for many countries. China is one country facing this issue. Therefore, the purpose of this dissertation is to explore this question. It will examine the weaknesses existing in current Chinese labour law system through . a comparative analysis with South Africa s labour law system, establishing the main influences which impact on the Chinese labour law system. Finally, it will demonstrate that the use of legal transplantation would help the Chinese labour law system.

The aim of the introduction of workplace forums in South Africa in 1995 was to move away from adversarial bargaining to joint problem-solving and participation by employees on selected issues in order to advance economic development and global competitiveness, social justice, labour peace and the democratisation of the workplace. The drafters of the LRA based the workplace forum system inter alia on the positive and successful statutory employee participation structure in Germany, the works council system. Despite the fact that 22 years after the new LRA came into force there are only 3 workplace forums established in terms of the Act, the legislator still has not made any changes to the provisions yet. This dissertation compares the employee participation structures in South Africa with those in Germany and analyses potential changes - in theory and in praxis - to make the institution of the workplace forum more attractive both to trade unions and employers. The first two chapters give an overview of the statutory system of workplace forums in South Africa and works councils in Germany. The historical background of employee participation, the legal framework as well as the relationship between trade unions and the respective employee representation structure in each country will be discussed. Also, some of the reasons suggested in the literature for the failure of the workplace forum system will be set out. This leads to the third chapter which deals with the prerequisites, under which law can be transplanted from one legal system to another. This is of particular importance as the drafters of the LRA based chapter 5 on the works council system in Germany, adapting it to the South African background though. With reference to the first three chapters, the fourth chapter subsequently proposes several amendments to the LRA which can help in making the workplace forum more attractive for all affected parties. Some of the proposals stem from the positive German experience, others are specifically tailored to the South African context of adversarialism, high unemployment and an economic recession. Proposed amendments are for example: ● Facilitate the establishment of workplace forums by lowering the threshold of 100 employees and by allowing not only representative trade unions but also minority unions and employees to apply for the establishment of a forum. ● Workplace disputes should not be resolved by strikes but by a special dispute resolution mechanism like the German conciliation committee ('Einigungsstelle') to avoid an adversarial and confrontational climate on workplace level. ● Trade unions and workplace forums should be more clearly institutionally and structurally separated. Bargaining councils should be used for centralised bargaining to avoid plant level bargaining. There needs to be a clear demarcation of issues for collective bargaining and issues for workplace forums. In conclusion, this dissertation points out that legal systems emerge under different legal, social and economic circumstances and can therefore not blindly be transplanted from one legal system to another. The preconditions such as the relationship between trade unions, employers and employees, the economic and cultural climate as well as the labour market in South Africa was - at the time of the introduction of the new LRA - and still is completely different from the situation in Germany. Therefore, German provisions regarding works council cannot be transplanted into South African law without measuring them against the South African background. Whereas some German ideas can be adopted, other problematic issues can only be solved with unique South African solutions.