2. The impact of contract law and the Constitution on labour law This book not only reflects the rules of labour law, but also shows that labour law governs in the modern workplace! 3. Exclusive protection under labour law 6. Protection from unfair labor practices under the LRA The book is primarily aimed at students who are dealing with labor law for the first time during their B.Com. and LLB studies. The book will also be useful for HR and IR staff, project managers, supervisors and union officials. This tried and tested labour law text has been updated to reflect the law of September 2020. Rules of LABOUR LAW! provides an accessible and clear discussion of all relevant legislation in the fields of labour, employment justice, social security and related legislation. The book brings together law and practice. The text is complemented by visual aids, examples and case law to clarify concepts. An important aspect of labour law that is often overlooked in an academic context is that of social security measures that have an impact on the workplace.
The book covers OHSA, MHSA, COIDA and UIA. The book concludes with an overview of so-called non-essential labour legislation such as the Employment Services Act, the Qualifications Development Act, the Employment Tax Incentives Act, the Communication Control and Communication Information Act and the Personal Data Protection Act. The content is divided into four parts, in which individual labor law, collective labor law, social security law and other labor laws are discussed. The common law employment contract is the basis of the relationship. The book explains how the Constitution, BCEA, NMWA, LRA and EEA complete the relationship. The legal protection of employees, including non-standard employees, will be clarified. Dismissals, unfair labour practices, discrimination, harassment and the impact of transfers on employers and employees are explained with reference to recent legislative and business developments. The book contains an analysis of collective labour law. Aspects such as collective bargaining, collective agreements, parties to collective bargaining (e.g. B trade unions) and company forums are dealt with.
The legal requirements for strikes, lockouts, pickets and protected protest actions are dissected and explained on the basis of case law and practical examples. . 7. Termination of the employment contract, definition of dismissal and relevant dispute resolution mechanisms 19. The Occupational Health and Safety Act and the Mine Protection Act 21. Other legislation affecting the employment relationship Adriette Dekker LLC LLB (UP) LLM LLD (Unisa) Advanced Diploma (Labour Law) (UJ) Advanced Diploma in Alternative Dispute Resolution (AFSA/UP) Lawyer, mediator and registered notary of the High Court of South Africa; Co-author of Social Security Law: A Comparative Analysis (LexisNexis: 2006) and Essential Labour Law (Labour Law Publications: 2009); researcher evaluated by the NRF (2009-2014); Former Professor of Law, Department of Commercial Law, Unisa This fully updated fourth edition is fully updated with reference to the latest legislation and jurisprudence. . 5. Employment Justice Act: Unfair Discrimination and Affirmative Action. .
Additional reading recommendations can be found in a separate appendix for the avid reader. 8. Protection of workers against automatic unjustified dismissal Wilhelmina Germishuys-Burchell BCom LLB (UP) LLM (Unisa) Advanced Labour Law Certificate (Centre for Business Law Unisa) Advanced Diploma Alternative Dispute Resolution (AFSA/UP) Senior Lecturer, Department of Commercial Law, Unisa; lawyer, sponsor and notary of the High Court of South Africa; Lecturer at the Centre for Lifelong Learning, Unisa 4. The impact of BCEA and NMWA on the employment relationship 20. The Workers` Compensation and Occupational Diseases Act and the Unemployment Insurance Act 9. Dismissal for misconduct, incapacity for work and operational requirements Ernest Manamela BProc LLB (Unin) LLM LLD (Unisa) Associate Professor of Law, Department of Commercial Law, Unisa; Co-author of General Principles of Commercial Law (JUTA: 2010, 2015, 2019); formerly in the collective bargaining department of the Ministry of Labour; Advocate of the Supreme Court of South Africa. Married McGregor BLC (UP) LLB (Unisa) LLM AIPSA Dip (UP) LLD (Unisa) Professor Extraordinarius, Unisa; Co-author of General Principles of Commercial Law (JUTA: 2004, 2007) and Law@work (LexisNexis: 2008, 2012, 2015, 2017, 2020); Former practising lawyer at the High Court of South Africa; Deputy Director of the National Personnel Commission; Professor of Law, Institute of Commercial Law, Unisa. 11.
Freedom of Association and Role of Negotiators Clarence Tshoose LLB LLM (NWU) LLD (Unisa) Certificate in Economic, Social and Cultural Rights, Geneva Academy of International Humanitarian Law and Human Rights Professor of Labour Law and Social Security Law, UL; Co-author of Juta Understanding the Employment Equity Act`s Pocket Companion series (JUTA: 2017); former Associate Professor, Department of Commercial Law, Unisa; Chairman of the Unisa Steering Committee: Socio-Economic Rights (2013-2014); Lecturer at NWU (Mafikeng Campus); Postgraduate researcher at the Faculty of Law of the UJ, Centre for International and Comparative Labour and Social Security Law (CICLASS). Mpfariseni Budeli-Nemakonde LLB LLM (Unin) PhD (UCT) Professor of Law and Director, Faculty of Law, Unisa; Admitted to the Bar of the High Court of South Africa; Member of the ILO Network of Experts on the Right of Workers to Freedom of Association Only the parts and chapters are listed here. A detailed table of contents is given at the beginning of each chapter. .