Analysis of the Effect of Artificial Intelligence on Employment Relationships in South Africa: Ethical Implications for Workers’ Rights, Privacy and Policy Frameworks

by | Jan 12, 2025 | ILJ, ILJ V46 I1

Analysis of the Effect of Artificial Intelligence on Employment Relationships in South Africa: Ethical Implications for Workers’ Rights, Privacy and Policy Frameworks

Authors Professor Franaaz Khan & Kirstin Hagglund

ISSN: 2413-9874
Affiliations: rofessor, Department of Private Law, University of Johannesburg; LLB, LLM, PhD (UKZN); LLD Candidate, Stellenbosch University; LLB, LLM (cum laude)
Source: Industrial Law Journal, Volume 46 Issue 1, 2025, p. 1 – 28
https://doi.org/10.47348/ILJ/v46/i1a1

Abstract

The sharp rise of artificial intelligence (AI) has dramatically changed the employer and employee relationship. The advantages are, for example, an increase in efficiency and improved decision making. However, it has also given rise to challenges relating to ethical and policy issues, primarily regarding privacy, bias, accountability, and job safety. AI systems rely on datasets. These datasets include sensitive personal information that can raise privacy concerns within a working environment. Another concern is bias in AI algorithms, which can unwittingly perpetuate discrimination. This may result in unfair outcomes in respect of hiring, performance assessments, and promotions that would solidify disparities in the workplace. In addition, the computerisation of tasks through AI poses threats to job security, as it could disrupt workers’ stability. These ethical concerns compel employers and policymakers to alleviate the negative consequences of AI. This article addresses the ethical implications of AI in the workplace, with a focus on South African labour law. It discusses current relevant legislation, such as the Labour Relations Act, to assess its efficacy in addressing AI-related issues as well as the new National Artificial Intelligence Framework Policy 2024. A comparative analysis of AI legislation in the European Union and United States is also included in which best practices are identified. The article suggests a balanced regulatory approach that supports innovation while providing clear guidelines to protect employee rights and maintain fairness.

Note: The Influence of Disability Models on the Employment of People with Disabilities in the Public Service

by | Jan 12, 2025 | ILJ, ILJ V46 I1

Notes: The Influence of Disability Models on the Employment of People with Disabilities in the Public Service

Authors CJ Tchawouo Mbiada & MA Nkosi

ISSN: 2413-9874
Affiliations: Senior Lecturer, Department of Mercantile and Private Law, University of Venda; Deputy Director: Employee Health and Wellness, Department of Sport, Arts and Culture; LLB, LLM (UNISA), LLD Candidate (UNISA)
Source: Industrial Law Journal, Volume 46 Issue 1, 2025, p. 29 – 43
https://doi.org/10.47348/ILJ/v46/i1a2

Abstract

In 2005 and subsequently the government adopted a social model of disabilities with the aim that the public service should comprise at least 2% of persons with disabilities (PWDs), thus distancing itself from past practices under the apartheid regime that ostracised PWDs from the mainstream economy and society. Yet almost two decades later, the government is yet to achieve this target. The note examines different models of disability to ascertain whether they may account for this failure. It argues that despite adopting the social model, government’s adherence in practice to the previous medical model accounts for its failure to meet the 2% target of employment of PWDs.

Case Notes: The Making of a ‘Modern’ Trade Union: Simunye Workers Forum v Registrar of Labour Relations (2023) 44 ILJ 2021 (LC)

by | Jan 12, 2025 | ILJ, ILJ V46 I1

Case Notes: The Making of a ‘Modern’ Trade Union: Simunye Workers Forum v Registrar of Labour Relations (2023) 44 ILJ 2021 (LC)

Author Marlese von Broembsen

ISSN: 2413-9874
Affiliations: Associate Professor of Law, Centre for the Transformative Regulation of Work (CENTROW), University of the Western Cape; Senior Researcher in Labour Rights, Women in Informal Employment: Globalizing and Organizing (WIEGO); BA (Stell), LLB (UCT), MA (UWC), LLM (Harv), PhD (UCT)
Source: Industrial Law Journal, Volume 46 Issue 1, 2025, p. 44 – 59
https://doi.org/10.47348/ILJ/v46/i1a3

Abstract

In Simunye Workers Forum v Registrar of Labour Relations the court considers whether trade unions established by non-standard workers must conform to a traditional trade union structure in order to be registered as a trade union. It is argued that the court’s generous interpretation of s 95 of the LRA is correct in the light of Bader Bop and the jurisprudence of the ILO supervisory mechanisms on the conventions that apply to non-standard workers. Moreover, it is contended that a restrictive interpretation of s 95 would contravene international law and the spirit, purpose and objectives of s 23 of the Constitution and of s 8 of the LRA.

Case Notes: Employment after a Criminal Conviction — A Hope for Prospective Employees with Previous Criminal Records? An Analysis of O’Connor v LexisNexis (Pty) Ltd (2024) 45 ILJ 1287 (LC)

by | Jan 12, 2025 | ILJ, ILJ V46 I1

Case Notes: Employment after a Criminal Conviction — A Hope for Prospective Employees with Previous Criminal Records? An Analysis of O’Connor v LexisNexis (Pty) Ltd (2024) 45 ILJ 1287 (LC)

Author Simphiwe P Phungula

ISSN: 2413-9874
Affiliations: Senior Lecturer, Department of Commercial Law, University of Cape Town; LLB, LLM, PhD (UKZN)
Source: Industrial Law Journal, Volume 46 Issue 1, 2025, p. 59 – 72
https://doi.org/10.47348/ILJ/v46/i1a4

Abstract

Unfair discrimination is a historical and current issue facing South Africa that tends to reveal itself in the workplace. Since the dawn of South Africa’s democracy, the South African legislature has dynamically tried to suppress this negative force through the adoption of legislation, codes, rules, and regulations, which are designed to promote equal opportunity and fair treatment of individuals in employment. However, individuals with previous criminal records may still be excluded from employment in certain circumstances. In terms of the law, employers are free not to consider an employee for a position if having a clean criminal record is inherent to job requirements. The question to be asked is when will the employer be allowed to conduct a criminal background check and bar a prospective employee from being appointed to a job without violating the prohibition on unfair discrimination? This case note answers the question by analysing the competing interests of both the employer and employee and the application of law in the circumstances.