The unfair labour practice relating to benefits

• Main Author: Tshiki, Pakamisa Washington
• Format: Others
• Language: English
• Published: Nelson Mandela Metropolitan University 2005
• Subjects: Employee fringe benefits > Law and legislation > South Africa; Unfair labour practices > South Africa; Discrimination in employment > South Africa
• Online Access: http://hdl.handle.net/10948/386

At the outset of this treatise the development of the unfair labour practice is traced. The point is made that common law knows nothing about fairness and it is pointed out that the concept was introduced as a statutory concept in 1979. In 1995 the development of unfair labour practices since 1979 was relied upon to provide a list of unfair labour practices. The main thrust of the treatise concerns an evaluation of an unfair labour practice relating to benefits – listed presently in section 186(2) of the Labour Relations Act. Reference is made to Industrial Court cases and case law since 1996 is considered and commented upon. In particular, the issue of remuneration not being a benefit, and the fact that interest disputes are not justiciable as unfair labour practices for instance are canvassed.