Reflections on Marginalised Workers and the Role of Trade Unions in the Changing World of Work

by | Apr 23, 2023 | ILJ, ILJ V42 I3

Reflections on Marginalised Workers and the Role of Trade Unions in the Changing World of Work

Authors William Manga Mokofe & Stefan van Eck

ISSN: 2413-9874
Affiliations: Senior Lecturer, Pearson Institute of Higher Education; Professor of Labour Law, University of Pretoria
Source: Industrial Law Journal, Volume 41 Issue 3, 2021, p. 1365 – 1389

Abstract

The world of work is changing rapidly. The globalisation of economies and brisk technological changes severely impact all nations. These changes have had a significant impact on traditional employer-employee relations. Labour and social security protections for workers are being eroded through informalisation, casualisation and externalisation. Added to this, new forms of platform work have been established during the fourth industrial revolution that have had a disruptive effect on the notion of secure and indefinite employment. Collective bargaining and trade unions have in the past played an important role in protecting workers’ rights. This contribution interrogates the role of trade unions and collective bargaining in the changed world of work and considers strategies that unions should consider implementing. The article concludes by suggesting that the solution to problems associated with non-standard and platform work may not lie in the bargaining power of trade unions. Governments will have to step in to fill the gaps in order to protect persons involved in new forms of work.

Case Note: The Lock-out as a Tool for the Business Rescue Practitioner: The Airline Pilots’ Association of South Africa Judgment

by | Apr 23, 2023 | ILJ, ILJ V42 I3

Case Note: The Lock-out as a Tool for the Business Rescue Practitioner: The Airline Pilots’ Association of South Africa Judgment

Authors Stefan van Eck & André Boraine

ISSN: 2413-9874
Affiliations: Professor of Labour Law, University of Pretoria; Professor of Insolvency Law, University of Pretoria, Director of the Unit for Insolvency and Business Rescue Law
Source: Industrial Law Journal, Volume 41 Issue 3, 2021, p. 1390 – 1404

Abstract

The South African Airways was placed under business rescue in December 2019. The appointed business rescue practitioners (BRPs) sought to terminate a collective agreement between the SAA and the pilots’ trade union. Negotiations failed and the BRPs commenced with a lock-out. The court considered the provisions of the Companies Act and Labour Relations Act and concluded that the lock-out was a legitimate negotiating tool during business rescue. The authors question whether these Acts are appropriately aligned and they opine that the general principles pertaining to collective bargaining may not serve the aims of expeditious business rescue proceedings in all circumstances.

Case Note: Defining Discrimination on an Arbitrary Ground: A Discussion of Minister of Justice & Correctional Services & others v Ramaila & others (2021) 42 ILJ 339 (LAC)

by | Apr 23, 2023 | ILJ, ILJ V42 I3

Case Note: Defining Discrimination on an Arbitrary Ground: A Discussion of Minister of Justice & Correctional Services & others v Ramaila & others (2021) 42 ILJ 339 (LAC)

Author Kamalesh Newaj

ISSN: 2413-9874
Affiliations: Senior Lecturer in Labour Law, Faculty of Law, University of Pretoria
Source: Industrial Law Journal, Volume 41 Issue 3, 2021, p. 1405 – 1416

Abstract

This case note examines the interpretation given by the Labour Appeal Court (LAC) in Minister of Justice and Correctional Services & others v Ramaila & others to the term ‘arbitrary ground’, as contained in s 6(1) of the Employment Equity Act. Its conclusion is that the narrow approach adopted by the LAC was incorrectly decided. The court failed to interpret s 6(1) in a purposive manner, which requires a holistic consideration of the objectives of the EEA, a proper consideration of the constitutional rights promoted by the EEA, and a circumspect evaluation of international law.