Labour Relations: A Southern African perspective is the eight editions of a text first published in 1989 under the title Labour Relations in South Africa. At that time, it was the first comprehensive textbook of its kind and was hailed as having reached the finishing line when others were still at the starting block.

Since then continuous social, political and legislative developments, and the ever-changing labour relations scenario, have necessitated regular updates, as well as the more recent change to its title.

Like its predecessors, this edition uses the labour ‘relationship’ as its starting point, guiding readers through the establishment of labour relations systems, the key participants and interactions involved and the legislation governing these interactions. It does this by using detailed practical examples, explanations and real-life cases where applicable.

In various parts of this latest edition, the text touches on the Fourth Industrial Revolution, the nature of changes to come and the implications for the world of work

First published in 1996, Workplace Law has become one of the most widely used and frequently quoted text books on South African labour law. This 12th edition has been revised and supplemented to incorporate the latest case law, as well as the latest amendments to labour legislation. Workplace Law provides a complete overview of issues that have arisen and are likely to arise on the shop floor, in court and in arbitration proceedings - from unfair labour practices, through employment equity, dismissal and collective bargaining, to strikes. This updated, comprehensive and reliable work is a convenient and indispensable guide to a complex and fascinating area of law. Workplace Law is also available in electronic form as part of Juta's Labour Library, where it is updated quarterly.

The third edition of Occupationally-directed ETD Practices has been written, providing the Education, Training and Development (ETD) Practitioner with a practical textbook for the purpose of learning and professional practice. This book has been published during an exciting time in the history of skills development in South Africa.

This book is aimed at students of labour law and is useful as a first point of reference for practitioners.

This title deals with the common law and statutory rules applicable to labour law within its constitutional framework. It covers both standard and non-standard employment and includes discussion of regulatory material, judgments and arbitration awards.

Written from a uniquely South African perspective, Human Resource Management in Government explores many facets of the employment relationship, including strategic employment processes, workforce planning, talent management, trade union interactions, public sector labour relations and terminating employment relationships.

Features:

• The latest local and international applied research and practice;
• Insight into the public human resource management functions;
• Best practices in talent management;
• Trends and best practices in human resource management in the public sector in other African and developing countries;
• Topical and current information that encourages continuous self evaluation; and an interactive structure with activities, questions, research reports and the latest court decisions related to the HR field; and
• Three new themes were added to this edition to make the book even more relevant to the reader, namely the influence of the 4th Industrial revolution, green demands on the public employer and decolonisation.

Now in its second revised edition, Labour Law in Practice has sold over 10 000 copies and has helped numerous South African managers and business owners navigate their way safely through what sometimes seems to be an impenetrable maze of labour law and practice.

Andrew Levy, arguably South Africa’s best-known labour resource, has over 50 years’ experience in the field, and has taught and trained thousands of students and managers. In Andrew’s opinion, labour relations are not difficult – it is really a matter of common sense and being able to judge an issue based on the facts. His teaching method is to reduce complex issues into simple and logical steps, and then to show how these can be taken with confidence.

Written in an easy-to-understand style and laid out in an accessible format, this book covers all essential labour law areas, including hiring new staff, terminating employment contracts, handling poor performance and misconduct, and managing staff attendance, leave and remuneration. The new edition has been updated to include topics such as minimum wage, the use of short-term contracts and labour brokers, up-to-the-minute labour law amendments, and strike handling.

An essential read for any employer or business owner.

Employee Competition: Covenants, Confidentiality, and Garden Leave is a leading authority for employment law practitioners and human resource professionals alike. It provides detailed and comprehensive analysis of the issues encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others. Cited in numerous judgments, this work is widely recognised as the first port of call for all employee competition cases. Written by a team of expert practitioners from Blackstone Chambers and Olswang, the book combines an authoritative account of the substantive law with an overview of the relevant procedural issues. Topics covered include good faith, fiduciary duties, confidential information, garden leave, and restrictive covenants. Comprehensive coverage of available remedies (including injunctions, damages, and account of profits) ensures that the book is of real, practical value to practitioners. This new edition has been substantially revised to take into account the wealth of litigation and resulting case law that has emerged since the previous edition published in 2011. A new chapter on economic torts and liabilities has been included to reflect the increasing importance of this area in practice. Significant changes will also be covered in the areas of contractual and fiduciary duties of loyalty; confidentiality and database rights; restrictive covenants and deferred remuneration schemes; jurisdiction and applicable law; liquidated damages and penalties; and procedure, especially in relation to injunction applications, disclosure and costs. Containing checklists at the end of each chapter, as well as appendices identifying key decisions in the field, and providing invaluable guidance on computer forensic investigations, forensic accounting, competition law, US law, sample clauses, pre-action letters and advice on drafting restrictive covenants, this work provides a practical and user-friendly guide to employment covenants. Employee Competition Bulletins providing updates on new cases and other topics covered in the book are available on the Blackstone Chambers website at http://www.blackstonechambers.com/practice_areas/employment. html

What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.

Equality is an ideal to which we all aspire. Yet the more closely we examine it, the more its meaning shifts. How do we explain how equal treatment can in effect lead to inequality, while unequal treatment might be necessary in order to achieve equality? The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines the ways in which discrimination law addresses these questions.
The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions. As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates an analytic framework to assess the substantive law.
The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven. Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.

The traditional legal textbooks aim to give students of the law a synoptic overview of the present state of law in a particular area. In doing so, most books offer only a cursory assessment of how the law came to be the way it is and what economic, political and social forces were brought to bear during its evolution. This study seeks to offer students a different kind of text, which takes as its starting point the law as it was in 1945. Guiding the student through four-and-a-half decades of almost continuous legislative activity, Davies and Freedland show how the law was created, and why it looks as it does today. The history explored is from 1945 to 1990, but not including the period since Mr Major succeeded Mrs Thatcher as Prime Minister. Paul Davies is also the editor of the "Industrial Law Journal". Mark Freedland has also written "The Contract of Employment" and "Labour Law, Cases and Materials" (with Paul Davies).

Labour Law in Context offers comprehensive coverage of the key aspects of South African labour law. It is the ideal companion to support students of law and non-law students throughout their studies. It is also suitable for anyone doing a short course in aspects of labour law, or for those who want to keep up to date with key labour law issues and rulings.

Features:

• Relevant South African labour law scenarios at the beginning of each chapter that are being revisited after students have worked through each chapter;
• Case notes for all sections for students to acquire the practical application of the law;
• Accessible, up-to-date content

This indispensable guide to employment tribunals has been completely updated and revised. It provides detailed coverage of the legal and procedural issues involved in bringing a case to an employment tribunal both from the claimant and respondent perspective.The third edition includes: - the repeal of the statutory dispute resolution procedures in 2009 - the replacement of the 2004 Rules with the 2013 Rules - the discontinuance of fees as a result of the Supreme Court decision in R (on the application of Unison) v Lord Chancellor [2017] UKSC 51 - the introduction of ACAS Early Conciliation - the increased use of Presidential Guidance and Practice Directions. This guide is ideal for use in tribunals and includes: - a model case that runs throughout the book, illustrating and clarifying the points made - chapters devoted to the different stages of a tribunal case from both claimant and respondent perspectives and checklists to assist in preparation and promote good practice - appendices setting out the most frequently used tribunal precedents and guidance.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Providing a comprehensive, interdisciplinary overview of the gig economy from both a labour and employment perspective, this Research Agenda goes beyond the question of the employment status of platform workers. It investigates how the gig economy is changing the way people work, how the platforms' business models are spreading in our economies, and what labour and social institutions are needed to respond to the challenges that platform work raises. Covering key issues such as algorithmic management, discrimination, occupational health and safety, casual work and collective labour rights, the authors challenge the narrative that the gig economy is a set of work arrangements that cannot be regulated through existing labour legislation and governance forms. The impact of the gig economy in developing countries and the regulation of global supply changes in platform work are also addressed. With contributions from world-leading authors, this Research Agenda will be crucial reading for scholars of labour and employment law, sociologists, economists and industrial relations specialists.

Migrant workers around the world are subject to exploitative labor practices that give employers extraordinary bargaining power. This book brings together researchers, practitioners, and advocates who explore the many ways that contracted migrant workers are rendered vulnerable in the workplace. In this book, the term '21st-century coolie' is deployed as a heuristic device that foregrounds the deeply unequal structures shaping the transnational flows of short-term, migrant workers. The term 'coolie' harkens back to the labor arrangements of earlier centuries that involved conscripted labor, indentured servitude, and contract labor across national borders. Like those of past centuries, today's 'coolies' are subject to legal constraints inside and outside the employment relationship that force them into subjugated positions within the workplace. The chapters of this anthology situate contemporary global migration regimes in histories of colonization, uncover their racialized as well as gendered nature, and examine the role of nation-states in perpetuating conditions of extreme exploitation. The permeability, mutability, and durability of racial capitalism is revealed through an interdisciplinary and practice-oriented lens. Law and social science students in graduate courses on migration, labor, employment, employment discrimination, and race and the law will gain a deeper understanding of the issues facing migrant workers today, as will students in humanities, performance studies, narrative studies, and communication studies.

This unique book offers a comprehensive systematization and overview of the EUs emerging 'acquis' and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU's competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy. Featuring contributions from scholars and practitioners from across Europe, the first part of the book provides an introduction to key aspects, theories and topics of EU Collective Labour Law, including discussion of relevant EU law and case law of the Court of Justice of the EU. Chapters then move on to analyse and reflect on the most fundamental and challenging subtopics, questions and issues in this area, engaging with current debates and potential future developments. Respecting differences in views, approaches, and evaluations, it offers a variety of perspectives on the relationship between Collective Labour Law and the EU. Scholars and students of EU and labour law will find this book an essential resource. Its critical examination of contemporary and future issues will also prove useful for practitioners, social partners and policymakers across the EU.

Searching for paid tasks via digital labour platforms, such as Uber, Deliveroo and Fiverr, has become a global phenomenon and the regular source of income for millions of people. In the advent of digital labour platforms, this insightful book sheds new light on familiar questions about tensions between competition and cooperation, short-term gains and long-term success, and private benefits and public costs. Drawing on a wealth of knowledge from a range of disciplines, including law, management, psychology, economics, sociology and geography, it pieces together a nuanced picture of the societal challenges posed by the platform economy. Chapters present a comprehensive, multidisciplinary overview of the rise of gig work, reflecting on long-term developments in the gig economy and incorporating contemporary developments into the rich theoretical and empirical literature on the topic. Charting new research territory, the book addresses key academic and policy challenges, arming readers with relevant analytical tools and practical solutions to face common problems. This book comprises a key reference for future research on the topic as well as critical policy measures for addressing challenges relating to gig work. Offering an integrated outline of the latest insights, this book is crucial reading for scholars and researchers of the platform economy and gig work, outlining academic insights and empirical research, and illustrating a research agenda for future scholarship. The book's comprehensive approach will also benefit policy-makers, managers and workers as they confront the platform economy's wide variety of legal, economic and management challenges.

Presenting the evolution of supplementary pensions over the past 25 years, this comprehensive book introduces the origin of pensions as a concept and explores the role that international organisations play within the field. It draws comparisons between different welfare states, reflecting upon current research and identifying new directions and ideas. Despite observing significant differences in the approaches to pension design, the book identifies common challenges, including the need to provide for an increasingly aging population, slow economic growth following the 2008 global financial crisis, the need for effective regulation, and increased labour market flexibility. Leading scholars analyse the experiences of a broad range of countries and offer insights into their responses to the numerous challenges faced by national pension systems. The book covers significant moments in pensions history following the World Bank's 1994 report on Averting the Old Age Crisis, and subsequent responses to challenges posed by longevity and economic crises. This book will be an ideal companion for academic researchers and financial law scholars interested in pensions and looking to develop an international perspective on the issue, as well as professionals in the pensions industry who are engaging with other countries and looking to develop their knowledge of overseas pension systems.

This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law. Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues. Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.

This groundbreaking book examines the growing phenomenon of internships, and the policy issues that they raise, during a time when internships or traineeships have become an important way of transitioning from education into paid work. Featuring contributions from established and emerging scholars in a range of disciplines, the book presents important new research on the use, benefits and regulation of such arrangements. It considers how various countries around the world are meeting the challenge of ensuring decent work for interns, and what more needs to be done to realise that objective. Additionally, the case for new forms of regulation to minimise or prevent the exploitation of interns is explored, against the background of a possible new international labour standard. Presenting new data and analysis on whether internships can - and to what extent do - provide an effective bridge from education to employment, Internships, Employability and the Search for Decent Work Experience will be a key resource for policy-makers and academics in labour law, industrial relations, labour economics, human resource management and education.

Historical Studies in Industrial Relations was established in 1996 by the Centre for Industrial Relations, Keele University, to provide an outlet for, and to stimulate an interest in, historical work in the field of industrial relations and the history of industrial relations thought. Content broadly covers the employment relationship and economic, social and political factors surrounding it - such as labour markets, union and employer policies and organization, the law, and gender and ethnicity. Articles with an explicit political dimension, particularly recognising divisions within the working class and within workers' organizations, will be encouraged, as will historical work on labour law.

This book provides the first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters. Three main arguments lie at its heart. Firstly, this study challenges the widely held belief that international immunity law requires staff disputes to be subject to blanket or quasi-absolute immunity from jurisdiction. Secondly, it argues that it is possible to identify well-defined standards of limited immunity to be applied in the context of employment litigation against foreign states, international organizations and diplomatic and consular agents. Thirdly, it maintains that the interaction between the applicable immunity rules and international human rights law gives rise to a legal regime that can provide adequate protection to the rights of employees. A much-needed study into an under-researched field of international and employment law.

Over recent years, the inability of social security protection to reach workers without a formal employment contract has become an inconvenient reality in both the global north and south. This book explores how provisions for income security can be revised to effectively meet the needs of the labour force in varying economies. In developing economies, informal employment has traditionally accounted for a high proportion of overall employment and this trend looks set to continue. In the global north, the increasing use of flex-contracts and 'dependent self-employment' has led to a rise in the number of workers with limited income protection. An additional challenge for countries in both hemispheres is the rise of the 'gig' economy. This book is the first to open up a dialogue about social security coverage in the developed and developing world. Authors from both sides of the divide have contributed chapters and present a variety of insights, experiments and practices with the aim of identifying better ways to combat the growing social security challenge. Academic researchers with an interest in labour law and social policy will find this book to be an engaging source of innovative research. Practicing lawyers and policy makers will also benefit from the insights and examples provided from a number of different jurisdictions. ntributors include: C. Barnard, A. Blackham, E. Fourie, A. Govindjee, T. Gyulavari, D. Hofmeyr, L. Jianfei, A. Johansson Westregard, L. Lamarche, J. Li, J. Masabo, M. Olivier, P.A. Ortiz, A. Paz-Fuchs, M. Westerveld, M. Wynn

Workers, Collectivism and the Law offers a captivating historical account of worker democracy, from its beginnings in European guild systems to present-day labor unions, across the national legal systems of Germany, Sweden, the United Kingdom and the United States. Analysing these legal systems in light of a Habermasian concept of participatory democracy, Laura Carlson identifies ways to strengthen individual employee voice in claims against employers. Carlson highlights how employee voice and democracy, both collective and individual, assume different guises in each of these four labor law models. By tracing voice and democracy as components in the history of collective worker organizations, from guilds to journeymen associations to modern labor unions, Carlson demonstrates how history has shaped today's national labor law models. In the context of modern labor law's central focus on human rights, Carlson articulates the need for stronger legal defence of mechanisms of transparency and procedural due process, to enhance voice and democracy for union members in invoking rights and asserting protections for workers. This insightful book is indispensable reading for labor law academics and for those practicing in employment law, while those interested in the history of labor law will revel in its penetrating survey of the materials.

The editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice. Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality. The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law. Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy. Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusan, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. Lopez Lopez, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.Zimmer