Chapter 1 Flashcards
intro
What institutions were introduced by the LRA for labor dispute resolution in South Africa?
The LRA introduced the CCMA (Commission for Conciliation, Mediation, and Arbitration), the Labor Court, and the Labor Appeal Court for labor dispute resolution in South Africa.
Besides the LRA, which other laws impact employment and labor relations in South Africa?
The Constitution and other legislation such as BCEA (Basic Conditions of Employment Act), EEA (Employment Equity Act), SDA (Skills Development Act), and OHSA (Occupational Health and Safety Act) also impact labor relations.
How is the relationship between an employer and an employee characterized under labor law?
The relationship is characterized by an unequal distribution of power, with the employer having stronger bargaining power. This may lead to the potential exploitation of employees.
Why does the state intervene in the employer-employee relationship, and what legislation provides minimum standards for employees?
The state intervenes to protect employees. Legislation such as LRA, BCEA, EEA, and OHSA provides minimum standards for unfair dismissals, employment conditions, discrimination prevention, and safety.
How does collective bargaining enhance the protection of employees in South Africa?
Collective bargaining, facilitated by the LRA, allows employers and trade unions to negotiate wages, terms, and conditions, providing more effective protection for employees.
What historical factors influenced the recognition of the right to freedom of association for workers in South Africa?
Historical factors such as suppression of unionism by profit-driven agendas were later recognized by mining companies and the government, leading to the establishment of the right to freedom of association
List the primary sources of labor law in South Africa, including international influences
The primary sources include the Constitution, legislation (such as the LRA, BCEA, EEA), common law, collective agreements, and international influences like the International Labour Organization (ILO) standards.
How does the Constitution of South Africa contribute to the regulation of labor relations?
The Constitution serves as the supreme law, providing a comprehensive framework for labor relations and forming the basis for constitutional rights protecting both employers and employees
despite the dominance of legislation, why does the common law remain relevant in the context of employment relationships?
The common law implies certain terms into employment contracts, such as the duty to act in good faith. It continues to influence the legal framework despite legislative developments
Briefly explain the purpose and focus of the BCEA and the EEA in the South African labor landscape.
The BCEA regulates fundamental conditions of employment, while the EEA addresses disparities caused by past injustices, promoting affirmative action to rectify employment, occupation, and income imbalances.
