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The requirement of notice of industrial action in South African labour lawZondo, Raymond Mnyamezeli Mlungisi 30 November 2005 (has links)
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.
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The requirement of notice of industrial action in South African labour lawZondo, Raymond Mnyamezeli Mlungisi 30 November 2005 (has links)
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.
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A comparative survey of the law relating to strikes in South Africa and the NetherlandsTroskie, 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.
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A comparative survey of the law relating to strikes in South Africa and the NetherlandsTroskie, 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.
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