scholarly journals Legislation and employment relations in South Africa: A narrative overview of workplace dispute

2015 ◽  
Vol 4 (4) ◽  
pp. 167-177
Author(s):  
Shadrack Themba Mzangwa

This paper provides an overview of legislative measures applied in handling grievances and disciplinary matters in the workplace from the South African perspective. South Africa is one of the unionised countries in the world and the involvement of trade unions in resolving disputes including grievances and disciplinary matters is crucial. Trade unions, employers’ organisations and the state play an integral role in employment relations. Unions represent their members during dispute proceedings at various institutions where they (trade unions) are recognised. The country’s statutory measures must always be adhered-to in the handling of grievances and disciplinary procedures. The author relates the manner in which grievances and disciplinary proceedings are handled in a unionised workplace environment.

2020 ◽  
Vol 9 (4) ◽  
pp. 94-105
Author(s):  
David Isaac Ntimba ◽  
Karel Frederick Lessing ◽  
Ilze Swarts

The purpose of this paper is to provide an overview of the primary labour legislation that was promulgated after the democratization of South Africa after 1994. These legislations were introduced as regulatory and corrective measures for workplace relationships in work organizations (Booysen, 2005; Vettori, 2018). The data for this paper was collected through the perusal of scientific journals, newspaper articles, published/unpublished dissertations and theses, textbooks, and other relevant informative documents. The significant and influential role, which these labour legislations played in the development of a new era of employment relations in South Africa, cannot be overstated. The South African perspective of employment relations is also presented and discussed in this paper to reveal its nature and its role-players, such as the state, trade unions, and employers’ organizations (Ehlers & Jordaan, 2016; Smith & Diedericks, 2016). The workplace relationship between employers (through their management) and employees (through their trade unions), and the effects which such an antagonistic relationship has had on the South African labour market are also addressed (Finnemore & Koekemoer, 2018). The main finding of this paper is that there has been an improvement in workplace relationships, since the implementation of the post-1994 labour legislation although such improvement has been gradual.


1987 ◽  
Vol 5 (2) ◽  
pp. 259-262
Author(s):  
Lawrence G. Albrecht

Valparaiso University School of Law and the Christian Legal Society annually present a symposium on a critical public issue which is examined from a variety of perspectives. Between October 28-31, 1987, a major symposium was held entitled: “Perspectives on South African Liberation.” In the light of press and other media restrictions in effect since a state of emergency was declared in South Africa on June 12, 1986, and the banning of all political activity by 17 anti-apartheid organizations on February 24, 1988, it is crucial that the world community have access to current information and analysis concerning developments in that tragic land.The Pretoria regime has renewed the state of emergency for a third year following an unprecedented three-day nationwide protest strike on June 6-8 by more than two million black workers mobilized by the Congress of South African Trade Unions (COSATU) and other anti-apartheid groups to protest the recent bannings, a proposed restrictive labor bill, the continuation of apartheid and the regime's violence. These comments are written on June 16, the 12th anniversary of the Soweto student uprising (now commonly known as South African Youth Day) as several million black workers again defied the regime by staying away from work in honor of the hundred of blacks killed following the 1976 protests against apartheid education.


2017 ◽  
Vol 10 (2-3) ◽  
pp. 127-140
Author(s):  
Desan Iyer ◽  
Dev Datt Tewari

Abstract Many people in Africa, and around the world, do not have access to pipe or running water despite efforts being made to actualise socio-economic rights. South Africa is no different. The advent of the South African Constitution, as well as a strong commitment to advancing social and economic rights and values, has seen post-apartheid reforms in South Africa as well as an evolving water framework being confronted with new binary challenges. The era of social change has consequently underscored the need for an urgent redress of incongruences that still exist in respect of access to sufficient water. Despite South Africa adopting progressive policy frameworks for water in recent times, stark inequalities between communities in respect of access to sufficient water remain a contentious issue. The article will seek to analyse the developmental mandate of local government’s responsibilities in respect of safeguarding and giving effect to a key socio-economic right in South Africa.


Tempo Social ◽  
2020 ◽  
Vol 32 (1) ◽  
pp. 119-136
Author(s):  
Bridget Kenny

This paper reviews the state of the South African labour movement. It discusses trade unions within the context of national political dynamics, including the Tripartite Alliance and neoliberalism, as well as growing precarianization of work within South Africa. It examines splits within the major federation and explores debates around union renewal and new worker organizations. It argues that the political terrain is fragmented and shifting, but workers’ collective labour politics abides.


2011 ◽  
Vol 1 (1) ◽  
pp. 1-3
Author(s):  
Chux Gervase Iwu

Subject area Human resource management; primarily employment law impacting on employment relations. Study level/applicability Second year (or 200 level) students up to post graduate programmes in Business Management, Human Resources Management and Law. Case overview The world is still fascinated by South Africas transition to democracy; what with stories of massacre (Sharpeville, etc.) of those who dared challenge white supremacy and the battle for prominence between the African National Congress and the Inkatha Freedom Party. Since gaining independence, South Africa has attracted investors from far and wide. Now and again, one hears news stories that report about forms of disgruntlement from whites and blacks, respectively. In some quarters, you may hear stories suggesting the white community has not completely gotten over their resentment of black leadership. In some other quarters, you are likely to hear the blacks insist that the South African land space belongs to them and as a result they should be in charge of the distribution of wealth, one must understand that much of the wealth of the South African land still resides with the Whites. In what is considered as a fair attempt to integrate all the citizens of the republic, the new government of Nelson Mandela came up with a constitution that is hailed as perhaps the best in the world. Carved out of the United Nations Human Rights Charter, it proposes a free society that recognizes all its inhabitants regardless of colour. Within the world of work, the constitution identifies seven very important statutes that not only give effect to and sustain the republics membership of the International Labour Organisation, but also help to realize and regulate the fundamental rights of workers and employers. Main learning objective Test students understanding of the legal statutes that pertain to employment relations and human resource management in South Africa. Expected learning outcomes Understand the legislation affecting management and staff. Understand and apply the principles of recruitment and selection of staff. Identify and apply the options open to managers in staff training and development. Identify and apply the appropriate performance management systems. Understand and apply the strategic human resource planning process. Supplementary materials Teaching note.


2019 ◽  
pp. 191-212
Author(s):  
Nicholas Rush Smith

As apartheid collapsed, South Africa set out on one of the most ambitious police reform projects the world had ever seen. However, in 2008, senior state officials began calling for restrictions on police violence to be lifted with the effect that high rates of police violence have become a primary crime control strategy. This chapter examines this shift in the context of the South African state’s failure to bring the country’s persistent vigilante violence under control. It does so in two ways. First, the chapter examines the contradictory ways in which South African state officials navigate the tensions between advocating for the post-apartheid rights regime while arguing that such rights may inhibit the state’s ability to fight crime. Second, it examines how young men in Durban’s underworld experience the state, showing how rumors of procedureless police violence creates an image for them of the state as a large-scale vigilante organization.


2020 ◽  

This collection of contributions – drawn from different events, in a dialogue between Germany and South Africa, the global North and the global South – focuses on the challenges, obstacles and opportunities related to cooperation between religion and the state in matters of development. The international impact of the COVID-19 pandemic in 2020 poses much more than just a health challenge – the economic, social, political consequences have accentuated the existing fault lines and disparities within countries, and between countries across the world.


2020 ◽  
Vol 3 (2) ◽  
pp. 15-29
Author(s):  
Sogo Angel Olofinbiyi ◽  
Thembelihle Mtambo

South African societies have been characterized by the prolific incidence of illicit drug use in recent times.  The paper attempts to examine the legislations implemented on the use of illicit drugs in South Africa. The study adopts a review of the literature to identify and describe the most common illicit drugs used around South Africa communities, placing emphasis on the policies developed by the South African government in combating these situations. The research follows a critical   discussion on the issues associated with drug use, its causes, as well as its effects on humans and the environment. The study recommends relevant initiatives to combat all intricacies associated with drug use within the country. This approach will be appropriate in facilitating a clear-cut   understanding of the possible remedies to quench the burning flame of illicit drug use across a broad range of South African communities.


2020 ◽  
Vol 13 (1) ◽  
pp. 56-75
Author(s):  
Ainara Mancebo

A tripartite alliance formed by the African National Congress, the South African Communist Party and the Congress of South African Trade Unions has been ruling the country with wide parliamentarian majorities. The country remains more consensual and politically inclusive than any of the other African countries in the post-independence era. This article examines three performance’s aspects of the party dominance systems: legitimacy, stability and violence. As we are living in a period in which an unprecedented number of countries have completed democratic transitions, it is politically and conceptually important that we understand the specific tasks of crafting democratic consolidation.


2013 ◽  
Vol 15 (1) ◽  
Author(s):  
Cornelius Kruger ◽  
Roy D. Johnson

Background:To date, few studies have focused on how embedded Knowledge Management (KM) is found in the roots of an organisation. Specifically, not much is known whether employees and managers hold similar perceptions regarding KM or if organisational size plays a role in the establishment of KM maturity.Objective: The objective of this article was to determine what role organisational size plays in the establishment of KM maturity and how different managerial levels viewed their organisations KM maturity.Method: The authors gained insight into KM maturity in different industry groupings over a five-year period from a large urban South African University engaged in numerous collaboration programmes with industry. In total, 434 employees were interviewed over three grouping levels (operational, middle and senior management).Results: The findings support arguments that irrespective of organisational size, knowledge orientated issues are applicable to all organisations. However, with significant differences in scores recorded over all maturity sections in South Africa, the findings indicated that different sized organisations address knowledge-orientated issues differently.Conclusion: Findings challenge the argument that the manner in which knowledge-orientated issues are addressed differ only slightly depending on organisational size. Smaller-sized organisations prefer a more personal approach, whilst larger-sized organisations prefer knowledge transfer via technology. Irrespective of organisational size, commitment holds the key to KM success. Commitment shown by middle management regarding KM is a differentiator.


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