Labour Law Rules!

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LABOUR LAW Rules! provides a highly accessible text on labour, equity, social security and skills development laws. It discusses these laws against a background of the country supporting the principle of ‘decent work’, high unemployment, the insufficient creation of sustainable and decent jobs, income inequality, all exacerbated by an increase in atypical work, skills shortages, as well as insufficient enforcement of laws.


The book is aimed principally at students who engage with labour law – a compulsory subject for LLB students, and increasingly so for BCom students at South African universities – for the first time during their studies. In addition, IR and HR practitioners, line managers, supervisors and union officials will all find the book useful.


Broadly, the contents cover the individual employment relationship in linear fashion from the time the contract of employment is concluded (and sometimes even earlier), through the course of the relationship during which an employee’s conditions of employment must comply with minimum terms within a framework of ‘regulated flexibility’, and during which an employee is protected against unfair labour practices and unfair discrimination, up to the termination of employment when an employee is protected against unfair dismissal. Terminating the contract of employment for reasons other than dismissal such as resignation and retirement are also discussed. The rules of collective bargaining, a different scenario with different rules from the individual employment relationship, are also explained and interpreted. The rules of social security laws are explained briefly by following the three themes of these laws, namely to prevent workplace injuries, to compensate injured or ill workers and to integrate them back into the workplace.


The text reflects recent statutory and other developments, and current debates. Cases and other examples are used to explain legal principles and the keen reader is provided with additional recommended reading.

Product Description

Special Features

At the start of each part, a recap and an outlook is given on the previous and the coming parts to keep the reader in the picture and to provide some focus. At the end of each chapter, self-assessment questions and feedback are provided as well as additional recommended reading.

“This book takes an innovative approach and breaks new ground in the dissemination of labour law. As a teacher and practical user of labour law in my policy and professional work, I am delighted to endorse and recommend this book. I have no doubt at all that readers will enjoy using it, and will find it to be an asset.”
Evance Kalula – Professor of Law, University of Cape Town, Chairperson, Employment Conditions Commission

Summary of Contents

Foreword
Preface

Part I
Introduction to labour law

1. General overview of labour law

Part II
Rules applicable during the course of employment

2. Exclusive protection for employees in terms of legislation
3. The impact of the common law on the contract of employment
4. Basic Conditions of Employment Act (BCEA)
5. Employment Equity Act (EEA)
6. Protection against unfair labour practices under the Labour Relations Act (LRA)
7. Social security legislation

Part III
Rules applicable to the termination of the employment relationship

8. Dismissal and other ways of terminating the contract of employment

Part IV
Rules applicable to collective bargaining

9. Contextualisation of collective labour law
10. Industrial action

Index

About the Authors

Marié McGregor BLC (cum laude) (Pret) LLB (Unisa) LLM AIPSA Dip (Pret) LLD (Unisa)
Professor of Law, Department of Mercantile Law, Unisa; formerly practicing attorney and Deputy-Director, National Manpower Commission; co-author of General Principles of Commercial Law (JUTA, 2004 and 2007) and Law@work (LexisNexis, 2008 and 2012); contributor to the Annual Survey of South African Law (JUTA, 2010)

Adriette Dekker BLC (cum laude) LLB (Pret) Advanced Diploma in Labour Law (UJ) LLM LLD (Unisa)
Professor of Law, Department of Mercantile Law, Unisa; attorney, conveyancer and notary of the High Court; NRF rated researcher; co-author of Social Security Law: A Comparative Analysis (LexisNexis, 2006) and Essential Labour Law (Labour Law Publications, 2009)

Mpfariseni Budeli LLB LLM (cum laude) (Unin) PhD (UCT)
Associate Professor, Department of Mercantile Law, Unisa; admitted attorney; member of the network of ILO experts on workers’ right to freedom of association; founding member of SAYAS (2011)

Ernest Manamela BPROC LLB (Unin) LLM (Unisa)
Associate Professor, Department of Mercantile Law, Unisa; formerly with the Collective Bargaining Division of the Department of Labour; advocate of the High Court of South Africa; co-author of General Principles of Commercial Law (JUTA, 2010)

Tukishi Manamela B Proc LLB (Unin) LLM (Unisa)
Associate Professor, Department of Mercantile Law, Unisa; advocate of the High Court of South Africa; co-author of General Principles of Commercial Law (JUTA, 2010)

Clarence Tshoose LLB, LLM (North West University)
Senior Lecturer, Department of Mercantile Law, Unisa; formerly lecturer at NWU (Mafikeng Campus) and postgraduate researcher at UJ, Faculty of Law, Centre for International and Comparative Law and Social Security (CICLASS); contributor to Private Law: Rights, Duties and Conflicts Sylvia M Kierkegaard (ed) (International Association of IT Lawyers [IAITL], 2010)

Book Specifications

Author Authors: McGregor M (General Editor), Dekker, A H (Assistant Editor), Budeli M, Manamela M E, Manamela T E, Tshoose C I
ISBN 978-1-920025-48-9
Publication Date 14 Dec 2011
Target Market Students encountering labour law for the first time, whether studying law, commerce, industrial relations or any related field. HR professionals, Trade Unionists and others requiring an oversight of labour law.

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