Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions

The right to freedom of association is the cornerstone of collective bargaining. It is a precondition for the realisation of a number of other rights, including the right to organise, to engage in collective bargaining and to strike. These rights as contained in the Bill of Rights though not absolut...

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Main Author: Choshane, Ntloane Androniccah
Other Authors: Botha, Monray Marsellus
Language:en
Published: University of Pretoria 2020
Subjects:
Online Access:http://hdl.handle.net/2263/77444
Choshane, NA 2019, Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/77444>
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spelling ndltd-netd.ac.za-oai-union.ndltd.org-up-oai-repository.up.ac.za-2263-774442021-03-04T05:11:24Z Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions Choshane, Ntloane Androniccah Botha, Monray Marsellus choshane.na@tuks.co.za UCTD The right to freedom of association is the cornerstone of collective bargaining. It is a precondition for the realisation of a number of other rights, including the right to organise, to engage in collective bargaining and to strike. These rights as contained in the Bill of Rights though not absolute and may be limited in terms of the Constitution of the Republic of South Africa in terms of a law of general application, such limitations must be reasonable and justifiable. South African courts have an obligation to interpret labour provisions in accordance with international law and customs. This paper examines whether settlement definition of ‘workplace’ can be regarded as a reasonable and justifiable limitation to the right to strike within the ambits of internationally and constitutionally acceptable labour norms. Mini Dissertation (LLM)--University of Pretoria, 2019. Mercantile Law LLM Unrestricted 2020-12-21T09:53:47Z 2020-12-21T09:53:47Z 2020/04/09 2019 Mini Dissertation http://hdl.handle.net/2263/77444 Choshane, NA 2019, Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/77444> A2020 12363759 en © 2020 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. University of Pretoria
collection NDLTD
language en
sources NDLTD
topic UCTD
spellingShingle UCTD
Choshane, Ntloane Androniccah
Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions
description The right to freedom of association is the cornerstone of collective bargaining. It is a precondition for the realisation of a number of other rights, including the right to organise, to engage in collective bargaining and to strike. These rights as contained in the Bill of Rights though not absolute and may be limited in terms of the Constitution of the Republic of South Africa in terms of a law of general application, such limitations must be reasonable and justifiable. South African courts have an obligation to interpret labour provisions in accordance with international law and customs. This paper examines whether settlement definition of ‘workplace’ can be regarded as a reasonable and justifiable limitation to the right to strike within the ambits of internationally and constitutionally acceptable labour norms. === Mini Dissertation (LLM)--University of Pretoria, 2019. === Mercantile Law === LLM === Unrestricted
author2 Botha, Monray Marsellus
author_facet Botha, Monray Marsellus
Choshane, Ntloane Androniccah
author Choshane, Ntloane Androniccah
author_sort Choshane, Ntloane Androniccah
title Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions
title_short Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions
title_full Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions
title_fullStr Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions
title_full_unstemmed Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions
title_sort revisiting the definition concept of workplace in the labour relations act and the impace thereof towards minority trade unions
publisher University of Pretoria
publishDate 2020
url http://hdl.handle.net/2263/77444
Choshane, NA 2019, Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/77444>
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