Chapter 2 Flashcards
Labour law and the constitution
What values form the foundation of South Africa as a democratic state?
South Africa is founded on values such as human dignity, equality, and freedom
What role does the Constitution play in the legal system of South Africa?
The Constitution is the supreme law, invalidating any law or conduct inconsistent with its principles.
Which constitutional rights are relevant to employment according to the Bill of Rights?
Rights such as equality, dignity, freedom of association, protection from forced labor, and the right to assemble.
How is Section 23 of the Constitution related to labor law?
Section 23 focuses on fair labor practices and serves as a basis for legislation like the LRA and BCEA.
Who is covered by the constitutional right to fair labor practices, according to Section 23(1)?
Members of the SANDF are covered by the constitutional right to fair labor practices.
What do Section 23(2)-(6) of the Constitution pertain to?
These sections relate to collective bargaining between employers and trade unions, including freedom of association and the right to strike.
In the context of labor law, what does the right to strike entail?
Every worker has the right to strike, subject to specific procedures and substantive limitations, such as disputes referred to the CCMA.
Is there a constitutional right to a lock-out for employers?
No, a lock-out, considered an employer’s industrial action, is not a constitutional right.
How does the Constitution impact workers’ freedom of association, as seen in the National Union of Mineworkers of SA v Bader Bop case?
The case emphasized that workers’ freedom of association is impaired when they are not allowed to have their chosen trade union represent them.
Why is the right to strike not considered an absolute right?
The right to strike requires specific procedures to be followed, and substantive limitations exist, such as disputes needing referral to the CCMA.
