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Periodical article | Leiden University catalogue | WorldCat |
Title: | Re-establishing managerial power? Changing patterns in labour law |
Author: | Benjamin, P. |
Year: | 1990 |
Periodical: | South African Review - SARS |
Issue: | 5 |
Pages: | 275-288 |
Language: | English |
Geographic term: | South Africa |
Subjects: | labour relations labour courts labour law |
Abstract: | The new Labour Relations Act of South Africa, which took effect from 1 September 1988, contains the most extensive changes to labour law made since the amendments of 1979. The changes have been criticized for poor drafting and lack of clarity. This article examines the most significant changes to the act, discusses their likely impact on employment relations and looks at cases in which the industrial court has used its new powers. The restructuring of the industrial court's power is one of the most sweeping changes. Despite a number of limitations, the industrial court, which was established in 1979 to develop a code of sound employment practice, has had a major impact on patterns of industrial action. In the new amendments, the court's unfair labour practice jurisdiction is severely proscribed. The new act is also an attack on independent unions (it prevents employers from being compelled to enter collective bargaining relationships that apply majoritarian principles) and it makes it easier for employers to hold trade unions accountable for losses suffered during strikes. Notes, ref. |