Abstract

Any retrospective assessment of the Labour Relations Act (LRA) must necessarily determine whether the Act has succeeded in meeting its stated objectives, which are the advancement of economic development, social justice, labour peace and the democratisation of the workplace. This article traces the history of the LRA, the draft Bill that formed the basis of its negotiation, and the consensus that emerged from that tripartite process. The article concludes that the LRA has failed to meet its stated objectives, largely on account of its users’ rejection of those parts of the Act that sought to supplement the prevailing adversarial nature of industrial relations with a consensus-seeking, consultative ‘second channel’. The rejection of those provisions invites a consideration of different means to achieve the LRA’s stated objectives. A reconsideration of the LRA is also warranted by assumptions made when the LRA was drafted 30 years ago that are no longer valid. In particular, the corporatist assumptions that inform the model of collective bargaining no longer pertain, nor does the conception of work, tied as it is to the common-law contract of employment. Fragmented trade union federations and employers’ organisations, persistent adversarialism, the emergence of new forms of work and a dispute resolution system under stress all call for a re-evaluation of key elements of the LRA. The LRA failed to meet the challenges of democratic South Africa’s entry into a competitive global economy, even though it was designed to do so. The question is whether the Act remains fit for purpose to meet the current challenges of a fragile domestic economy in an increasingly polarised world.