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This now well established labour law text has been updated to reflect the law as of September 2017.
Labour Law Rules has provided a highly accessible text on labour, equity, social security and skills development laws over many years. It discusses these laws against a background of the country supporting the principle of ‘decent work,’ high unemployment, the insufficient creation of sustainable and decent jobs, and income inequality, all exacerbated by an increase in atypical work, skills shortages, as well as insufficient enforcement of laws.
If you have an interest in law and politics, South Africa’s political economy and the processes of policy-making in a parliamentary context, this is an essential read.
The advancement of black South Africans in ownership and management in the private sector is growing steadily. This growth is aided by government scorecard that penalise corporations that fail to include black people in senior positions and management. Some claim that this process will lead to a more fair, less racially biased economy. But will this transform the basic structure of the economy to benefit the people as a whole? Changing The Colour Of Capital unpacks the fundamental character of the South African economy and examines the relationship between the political system and the economy.
Contributors include Trevor Manuel, Rob Davies, Jeremy Cronin, Ben Turok, Philisiwe Buthelezi, Adekeye Adebajo, Enver Daniels, Cassius Lubisi and Richard Levin.
Labour Relations in South Africa provides a thorough, engaging introduction to the science and practice of labour relations in South Africa. The fifth edition presents a more critical and reflective approach, engaging with the various issues, shifts, and seismic events which have impacted this dynamic field in recent years. The text's view is expanded to encompass a multi-faceted perspective, relating to business science, law, economics, and sociology, and to focus more specifically on the context and dynamics of a developing country.
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.
Labour Law in Context second edition offers comprehensive coverage of the key aspects of South African labour law. It is the ideal companion to support both 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. The second edition is fully updated.
Dismissal remains the most thorough and comprehensive work available on a problem that confronts employers, lawyers, judges and arbitrators every working day - when is it fair to terminate the relationship with employees, for whatever reason this regrettable step may be deemed necessary? This work deals with all the circumstances in which dismissals arise and are challenged - from dismissals for misconduct and incapacity, through retrenchments, automatically unfair dismissals, dismissals of protected and unprotected strikers, to the procedures required before such dismissals can lawfully be effected and challenged. Written in the clear and readable style for which the author has become acclaimed, the exposition of each principle is illustrated with examples drawn from the case law. This third edition adds many judgments handed down since the second edition was published four years ago, and incorporates judgments law and statutory amendments that have been handed down or enacted since then. Dismissal forms a volume in a quartet by the author, and should where necessary be read with its companion volumes - Employment Rights, Collective Labour Law and Labour Litigation & Dispute Resolution.
Human Resource Management in Government: A South African Perspective On Theories, Politics And Processes explores the many facets of the employment relationship within government institutions.
These activities include strategic employment processes, such as talent management, trade union interactions, compensation, human resource governance (metrics) and the future of human resource management.
South Africa's pioneer and foremost thinker and voice on Black Economic Advancement, Phinda Mzwakhe Madi, is back with a bang. His first book, Affirmative Action in Corporate South Africa, triggered the first wave of Affirmative Action programmes in the country. His follow up book, Black Economic Empowerment in the New South Africa, led to the formation of the BEE Commission and eventually the creation of the country's policy and codes of good practice. Now his third book in the trilogy, BEE 20 years later - The Baby and the Bathwater, evaluates progress so far and startles with its fresh perspective on the way forward.
Twenty years after the introduction of BEE, Madi’s view is that the time for follow-up and reflection has come. Clear trends and lessons can now be discerned and learned from. He contends that there is an unfortunate narrative that is gaining currency in South Africa generally and the corporate world in particular, as well as numerous sections of civil society, that BEE has been nothing but a smoke and mirrors initiative towards oligarchy, hence his chosen title: BEE 20 years later - The Baby and The Bathwater.
He believes that, having been the first black author to have written on this subject, he has a unique view of the evolution of the process. As a black entrepreneur himself and a director of various top listed companies with a total combined turnover of more than R90bn, he not only has a conceptual and academic understanding of the subject matter, but also has an insider’s view and experience.
As the title suggests, there is now a tendency to want to ‘throw the baby out with the bathwater’. His book argues that we need to make a very clear distinction between the bouncing baby and the (at times) dirty bathwater. The book analyses both the bouncing baby and the unfortunate dirt and grime that covers the bathwater. It makes a very frank, clinical and yet balanced argument on how this distinction needs to be made, as well as why and how we should all ensure that the baby both survives and thrives going forward, whilst getting rid of the ugly side of BEE - the dirty bathwater. But more importantly, he examines how to restore the credibility of this process so that it truly and genuinely moves away from just being seen as the enrichment of the few and lives true to its promise: the economic empowerment of the many.
Featuring conversations with prominent Entrepreneurs, Business People and Thought Leaders: Herman Mashaba; Peter Vundla; Richard Maponya; Gaby Magomola; Thami Mazwai; Leon Louw; Joe Hlongwane; Vusi Thembekwayo; Sandile Zungu; Koko Khumalo; Mandla Malinga; Themba Dlamini; Lawrence Mavundla; Khanyi Kweyama.
This work is an introductory guide for students of labour relations and managerial studies. This edition retains explanations of the procedures and processes encountered in this field, including parties to an employment-relations system, individual and
Labour law rules! is a book designed primarily as an introductory text for students encountering labour law for the first time, whether their goal is a law degree or some other discipline involving a basic knowledge of the labour relations regulatory regime in South Africa. In the past two years, since publication of the first edition of Labour law rules!, some significant events took place which impacted on labour law, resulting in a number of changes proposed to reform labour law. The new edition of Labour law rules! aims to lay a sound and up to date foundation of basic labour law rules which will enable students to be empowered to assist in shaping the future working environment and laws of the country.
"Everything should be made as simple as possible but not simpler." -Albert Einstein. The authors of this book firmly believe in this principle. This book aims to explain labour law as simply as possible without losing the essence and importance of labour law rules in the workplace.
This book uses plain and understandable language and practical examples to explain concepts. Visual aids such as tables or graphics and mind maps will explain difficult concepts further. In a nutshell, this book is an essential tool for any keen student or reader on the topic. This is a thoroughly revised new book, building on the foundations of the first three editions, but expanded and updated to meet the needs of the students using it.
The fourth edition has:
This well-established labour law text has been updated to reflect the law as of September 2020. Labour Law Rules provides an accessible and clear discussion of all relevant labour, employment equity, social security and related legislation. The book brings law and practice together. The text is supplemented with visual aids, examples and case law to clarify concepts. The book is aimed principally at students who engage with labour law for the first time during their BCom and LLB studies. The book will also be helpful for HR and IR personnel, project managers, supervisors and union officials.
The contents are divided into four parts discussing individual labour law, collective labour law, social security law and other labour laws. The common law contract of employment is the basis of the relationship. The book explains how the Constitution, the BCEA, the NMWA, the LRA as well as the EEA supplement the relationship. The legal protection afforded to employees, including non-standard employees, is clarified. Dismissal, unfair labour practices, discrimination, harassment and the impact of transfers of a business on employers and employees alike are explained with reference to recent statutory and case developments.
The book includes an analysis of collective labour law. Aspects such as collective bargaining, collective agreements, bargaining agents (for example, trade unions) and workplace forums are covered. The legal requirements for protected strikes, lock-outs, picketing and protest action are dissected and explained with reference to case law and practical examples. An important aspect of labour law that is often overlooked in the academic context is social security measures that impact on the workplace. The book covers the OHSA, MHSA, COIDA and UIA. The book concludes with an overview of so-called non-core labour legislation such as the Employment Services Act, the Skills Development Act, the Employment Tax Incentive Act, the Regulation of Interception of Communications and Provision of CommunicationsRelated Information Act and the Protection of Personal Information Act.
Additional recommended reading is provided in a separate annexure for the keen reader. This book not only reflects on the rules of labour law but also shows that labour law, in the modern workplace, rules!
First published in 2010, this book is the most comprehensive exposition of practice and procedure in the various forums charged with resolving employment and labour disputes in South Africa. It provides an overview of the nature, powers and jurisdiction of the CCMA, bargaining councils, the Labour Court and private arbitrators, and guides the reader through the maze of rules and procedures that must be followed to process matters through these forums, while giving useful tips on how to avoid or surmount obstacles that might arise along the way.
This book is more than a practice manual. It sets out the principles underlying the issues discussed and illustrates them with many examples from decided cases.
Labour Litigation and Dispute Resolution forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date.
Collective Labour Law is the most thorough and comprehensive single work available on the law governing the often-tempestuous relationship between organised labour and employers in South Africa. The book covers topics such as the recognition of trade unions as bargaining agents, how organisational rights are acquired and lost, the collective bargaining process, strikes and lock-outs. Examples drawn from the case law, with which the book is copiously illustrated, provide the reader with insight not only into the law but also into the events that led to the conflicts which ended up in the courts. The book is written in the clear and readable style for which the author has become acclaimed, and each topic is extensively illustrated with examples drawn from the case law. Collective Labour Law forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. The book is also available in electronic form, which is updated quarterly.
Employment Rights forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. This volume deals with relations between employers and employees from the commencement of employment to its termination and highlights the drastic inroads which have been made on the managerial prerogative by legislation, particularly the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act. The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development. The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.
Chapter 8 of the Basic Conditions of Employment Act 75 of 1997, allows the Minister of Labour to promulgate minimum conditions of employment for employees in specific sectors or areas, in the form of Sectoral Determinations. Sectoral Determination 6 sets out minimum conditions of employment in the South African Private Security Sector, a sector employing over 500 000 active security officers, with 1 500 000 registered security officers, and over 9 000 active employer security companies. This book presents a non-legalistic commentary on the specific minimum conditions of employment applicable to persons employed in South Africa as security officers. The key provisions of the Sectoral Determination are covered in a systematic manner, with Key Point summaries at the end of each section. Understanding Sectoral Determination 6: Private Security also contains the text of the legislation. Understanding Sectoral Determination 6: Private Security forms part of the Juta's Pocket Companions series, to complement Juta's highly successful Pocket Statutes series.
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 13th 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. Students, HR and IR practitioners, lawyers, employers, employees and trade union officials will find this updated, comprehensive and reliable work a convenient and indispensable guide to a complex and fascinating area of law. Workplace Law is also available in electronic form in Juta’s Labour Law Library, where it is updated quarterly.
By the time this publication went to print it seemed that the world's financial and economic systems might be on the brink of 'going broke'. At the same time, the Occupy Wall Street (OWS) movement was going global. Thousands of mostly (yet not exclusively) young people were taking to the streets in the financial centres of countries across the globe, protesting and showing their disillusionment with the state of affairs in the world. This book is also available in eBook format. Purchase this eBook from Van Schaik here or from Kalahari here.
`Vulnerable workers' have not been adequately defined in South African jurisprudence, although they have been referred to in case law, and consequently the nature and scope of this concept remains unclear. There are also different categories of vulnerable workers in South Africa. This book introduces students and practitioners to the law and to the practical problems experienced by vulnerable South African workers: those suffering from depression or post-traumatic stress disorder, those who are discriminated against based on their weight or their appearance, those who have been bullied at work, or those who may have opted for gender reassignment. Marginalisation and other forms of prejudice against these workers are well known, but the manner in which we address these issues is not clear. Several other categories of workers, such as the sexually harassed, those living with AIDS, foreign workers, and sex workers may also be seen to be vulnerable (especially in the context of South Africa's history). Vulnerable Employees guides the reader through the basic principles of the law pertaining to the different categories of workers, and offers insight and guidance on the management of these individuals. The book sheds light on the most significant case law and applicable legislation, and proposes draft policies, where applicable. Complex concepts and legal and other relevant principles are explained simply and clearly, without using unnecessary and complex legal jargon. This makes Vulnerable Employees a suitable book for students, for those who provide general advice and assistance to vulnerable workers or their employers, and for those needing to apply this knowledge in a business environment.
Understanding the CCMA Rules & Procedure is an explanation of the Rules for the Conduct of Proceedings before the CCMA, and an invaluable guide to the various CCMA processes and proceedings. Understanding the CCMA Rules & Procedure will assist the reader in understanding a sometimes complicated and confusing set of rules. Each CCMA rule is explained and summarised. In cases where a rule has been interpreted by the CCMA or Labour Courts, the relevant award or judgment is brought to the reader's attention. Understanding the CCMA Rules & Procedure also contains: The text of the rules for easy reference; A useful matrix of CCMA forms and their uses; Templates for rescission and condonation applications; The CCMA guidelines on misconduct arbitration; The code of conduct for CCMA commissioners.
The management of employment relations: Conceptual and contextual perspectives is specifically designed for students of business management. This work focuses on laying the employment relations foundation and on macro, generic and theoretical issues. The overall purpose of this work is to assist the student in grasping the essentials that lay the foundation for understanding what employment relations entails in South Africa.
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