While common in South Africa, workplace protest actions frequently lead to losses on both sides: productivity losses for organisations and loss of income for protesting employees. It is therefore important to investigate which factors may contribute to low-income workers' decision to protest for higher wages. Based on the theoretical integration of social exchange theory and fairness heuristic theory it was argued that fairer treatment (organisational justice) decreases workers' willingness to engage in protest actions through its positive influence on organisational trust. The researcher examined employees' perceptions of fairness shown by their employer, supervisor and co-workers. A descriptive, cross-sectional research design was employed to test this assumption. Data was collected from low-income employees working in South African factories and retail stores who completed a self-report survey (N = 147). The results of a regression analysis confirmed that employees' perceptions of organisational justice predicted their willingness to engage in protest actions for higher wages when gender and previous involvement in protest actions were kept constant. Perceptions of interpersonal justice as shown by the supervisor was the unique predictor of willingness to engage in protest action, indicating that the decision to protest is not primarily driven by monetary concerns (distributive justice) but rather by how low-income workers feel treated in the workplace. Mediation analysis results revealed that the relationship between organisational justice and willingness to engage in protest action is not through mutual trust. Taken together, this research demonstrated that there is a need for organisations to invest in fairness in the workplace. Most specifically, organisations could focus on training supervisors to treat employees with respect and dignity as it could contribute to employees' decision to refrain from protesting at work.

This dissertation is a critical analysis of the provisions of sec 64(l)(b) and (c), 66(2)(b) and 77(l)(b) and (d) of the Labour Relations Act 66 of 1995 which prescribe notice of industrial action as a requirement of protected industrial action in South Africa. It traces the historical background of the requirement. It also addresses issues such as the purpose(s) of the notices, their scope of application, meaning, implications, who must give notice, to whom must notice be given, timing, computation, their duration, the consequences of failure to comply with them and various potential difficulties in the practical application of the notice requirement as well as the unintended consequences flowing from the provisions. Recommendations are made for the amendment of the Act in certain respects. The dissertation concludes that there is no justification for the inclusion in the Act of this requirement. The law is stated as at 30 September 2005. / Jurisprudence / LL.M.

This dissertation is a critical analysis of the provisions of sec 64(l)(b) and (c), 66(2)(b) and 77(l)(b) and (d) of the Labour Relations Act 66 of 1995 which prescribe notice of industrial action as a requirement of protected industrial action in South Africa. It traces the historical background of the requirement. It also addresses issues such as the purpose(s) of the notices, their scope of application, meaning, implications, who must give notice, to whom must notice be given, timing, computation, their duration, the consequences of failure to comply with them and various potential difficulties in the practical application of the notice requirement as well as the unintended consequences flowing from the provisions. Recommendations are made for the amendment of the Act in certain respects. The dissertation concludes that there is no justification for the inclusion in the Act of this requirement. The law is stated as at 30 September 2005. / Jurisprudence / LL.M.

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.

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.