Abstract

Social justice is integral to labour relations. A deepened and contextual engagement with the demands and dictates of social justice enables workplaces to move closer to the ideals of the Constitution of the Republic of South Africa, 1996, which entrenches everyone’s right to fair labour practices. More meaningful engagement with the concept of social justice also empowers workers, employers and other stakeholders to translate it into actual freedoms in the workplace. Yet, social justice remains under-theorised in the context of South African labour relations, leaving the concept somewhat elusive, thereby compromising the aims of fair labour practices and undermining the ends of justice. This contribution addresses this scholarly deficit by examining the theoretical foundations of social justice and its operationalisation in South African labour law jurisprudence. This examination reveals the limitations of the judicial process, where legal recognition does not always translate into the substantive freedoms and capabilities that workers require to build lives of value and dignity. In addressing this intangibility, the contribution argues for sustained intellectual and creative effort towards crafting a clear understanding of what social justice entails, not only in labour law jurisprudence but also in its lived impact on employees. The contribution seeks to offer conceptual clarity on social justice in labour relations in order to inform and encourage workplace practices and decisions aligned with the constitutional standard of fairness and equality.