This dissertation critically considers the application of and necessity for the right to
strike, especially regarding employees that are employed in an essential service.
The South African position on the issue is examined and compared to the positions
of the International Labour Organisation, the United Kingdom and the United States
of America.
The research in this dissertation shows that South Africaâs current labour legislation
(especially regarding essential services) is in theory good, but that it is applied and
enforced poorly in the country in spite of the provisions contained in the Labour
Relations Act and the Constitution of South Africa. This was evident in the 2007,
2009 and 2010 public workersâ strike in which many essential services employees
took part.
The countries that are compared to South Africa all have different ways of dealing
with strikes and essential services. These countriesâ approaches are similar to South
Africaâs in some ways, (for instance regarding dispute resolution, conciliation and
arbitration) but each contains some differences that could possibly be applicable in
South Africa. Through these comparisons it becomes clear that the right to strike is
an important international instrument of collective bargaining, but that each countryâs
essential services (or services that can be classified as essential) are equally
important. Every country places at the very least some limitation on essential
services employeesâ right to strike.
In conclusion this dissertation states that the South African labour law is not perfect
and can through legal comparison be improved. This improvement, as will be made
clear, is of vital importance for the lives, health and personal safety of every
individual in the country.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ufs/oai:etd.uovs.ac.za:etd-10042011-115823 |
| Date | 04 October 2011 |
| Creators | Cilliers, Francois Quintin |
| Contributors | Mr HJ Deacon |
| Publisher | University of the Free State |
| Source Sets | South African National ETD Portal |
| Language | en-uk |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.uovs.ac.za//theses/available/etd-10042011-115823/restricted/ |
| Rights | unrestricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to University Free State or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
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