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1	An analysis of legal implications for participating in an unprotected strike Mawasha, Mashale B. 20 August 2014 (has links) The effective management of a strike is generally a challenging phenomenon which impacts on employers, employees and the general public. The main purpose of this study was to analyse the legal implications of employees’ participation in an unprotected strike. The study also explored requirements for a strike to be protected in compliance with the prescribed legislation. From the literary review, cases and legislation, it became clear that compliance plays a key role when a consideration is taken by employees to take part in a strike during dispute resolution. In analysing the legal consequences for participating in an unprotected strike, a finding was made that employers in the end have an upper hand in that when all due processes and procedures are followed, they are empowered to dismiss employees. Legislation and international standards form the cornerstone upon which dispute resolution mechanisms and the rights of employers and employees are derived from. / Mercantile Law / LL.M. (Labour law) Protected strike Unprotected strike Compliance Dismissal Employers Employees Dispute resolution 344.1892068 Right to strike -- South Africa
2	A comparative survey of the law relating to strikes in South Africa and the Netherlands Troskie, Herman R. W. 06 1900 (has links) In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M. Labour law Right to strike Collective action Comparative survey South Africa Netherlands European Social Charter Labour Relations Act 66 of 1995 Protected strike Secondary strike essential services Picketing Protest action Lock-out 344.1892068
3	A comparative survey of the law relating to strikes in South Africa and the Netherlands Troskie, Herman R. W. 06 1900 (has links) In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M. Labour law Right to strike Collective action Comparative survey South Africa Netherlands European Social Charter Labour Relations Act 66 of 1995 Protected strike Secondary strike essential services Picketing Protest action Lock-out 344.1892068
4	An analysis of legal implications for participating in an unprotected strike Mawasha, Mashale B. 20 August 2014 (has links) The effective management of a strike is generally a challenging phenomenon which impacts on employers, employees and the general public. The main purpose of this study was to analyse the legal implications of employees’ participation in an unprotected strike. The study also explored requirements for a strike to be protected in compliance with the prescribed legislation. From the literary review, cases and legislation, it became clear that compliance plays a key role when a consideration is taken by employees to take part in a strike during dispute resolution. In analysing the legal consequences for participating in an unprotected strike, a finding was made that employers in the end have an upper hand in that when all due processes and procedures are followed, they are empowered to dismiss employees. Legislation and international standards form the cornerstone upon which dispute resolution mechanisms and the rights of employers and employees are derived from. / Mercantile Law / LL.M. (Labour law) Protected strike Unprotected strike Compliance Dismissal Employers Employees Dispute resolution Legislation Requirements Procedure 344.1892068 Right to strike -- South Africa

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