ISSN: 2413-9874
Affiliations: Senior Lecturer in Commercial Law, University of Cape Town
Source: Industrial Law Journal, Volume 40 Issue 2, 2019, p. 746 – 755
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ISSN: 2413-9874
Affiliations: Postdoctoral Fellow, School of Law, University of KwaZulu-Natal; Lecturer, School of Law, University of KwaZulu-Natal; Honorary Research Fellow, University of KwaZulu-Natal
Source: Industrial Law Journal, Volume 40 Issue 2, 2019, p. 732 – 745
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ISSN: 2413-9874
Affiliations: Professor of Labour Law and Director of the Centre of Insolvency, Labour and Company Law, University of Pretoria; Practicing Attorney, Rudolf Kuhn Attorney, Pretoria
Source: Industrial Law Journal, Volume 40 Issue 2, 2019, p. 711 – 731
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ISSN: 2413-9874
Affiliations: Senior Lecturer, Commercial Law Department, Institute of Development and Labour Law, University of Cape Town
Source: Industrial Law Journal, Volume 40 Issue 2, 2019, p. 685 – 710
The regulation of organisational rights in South African law remains fraught. With reference to recent and contentious case law, this article considers selected questions which remain outstanding. In particular,the Constitutional Court’s decision in Police & Prisons Civil Rights Union v SA Correctional Services Workers Union & others is discussed, and aspects of the various judgments are critiqued. Whether organisational rights may be effectively categorised as statutory or contractual in nature is a highlighted issue. In addition, the definition of the workplace as it has been applied by both the Commission for Conciliation, Mediation and Arbitration and the courts is reviewed, along with the capacity of unions to acquire organisational rights through the statutory scheme, notwithstanding the nature of their membership. In conclusion, the author recommends that while clarity and certainty are urgently needed, they must be achieved in a way that facilitates the acquisition of organisational rights (in terms of the LRA) by trade unions, given the challenges which unions face today.
ISSN: 2413-9874
Affiliations: None
Source: Industrial Law Journal, Volume 40 Issue 1, 2019, p. 60 – 70
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ISSN: 2413-9874
Affiliations: Associate Lecturer, University of the Western Cape; Lecturer, University of the Western Cape
Source: Industrial Law Journal, Volume 40 Issue 1, 2019, p. 41 – 59
Depression is a mood disorder that negatively affects the way in which a person feels. This can ultimately impact on an employee’s ability to work, and often results in extensive periods of absenteeism. Individuals who suffer from depression are frequently reluctant to share their knowledge of illness due to continuing societal prejudice around issues of mental health, and specifically depression. Fears of being subjected to unfair discrimination or ridicule because of depression also often contribute to the decision by employees not to disclose their mental health status to employers and/or colleagues. The labour courts in South Africa have largely tendered two different views on how employers should approach depression in the workplace. The first view holds that depression should be approached as an incapacity ill-health issue, while the second view argues that depression is more appropriately to be approached as part of disability protection for purposes of employment law. This article will discuss the general protection of people with disabilities in the workplace, and then investigate where depression could best fit into this overall scheme. This will include examining the decisions to date by the South African labour courts on the issue of depression, and what lessons could perhaps be learnt from the way in which the United Kingdom approaches depression in the workplace.