Hearsay Evidence in Labour Disputes in South Africa

by | Apr 23, 2023 | ILJ, ILJ V41 I2

Hearsay Evidence in Labour Disputes in South Africa

Author Jamil Ddamulira Mujuzi

ISSN: 2413-9874
Affiliations: Professor of Law, Faculty of Law, University of the Western Cape, South Africa
Source: Industrial Law Journal, Volume 41 Issue 2, 2020, p. 804 – 821

Abstract

Section 3 of the Law of Evidence Amendment Act (LEAA) governs the admissibility of hearsay evidence in South Africa. There are many cases in which the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court and the Labour Appeal Court (LAC) have dealt with hearsay evidence. Through these cases, one is able to identify the principles that have been developed, especially by the LAC, to guide itself, the Labour Court and the CCMA when determining the admissibility or otherwise of hearsay evidence. However, there are also some areas that the Labour Court and the LAC may have to improve upon when dealing with hearsay evidence. The purpose of this article is to discuss this case law and suggest ways in which the CCMA, the Labour Court and the LAC can better address the issue of hearsay evidence.

Note: Decoding Section 200B of the LRA: Masoga & another v Pick n Pay Retailers (Pty) Ltd & others (2019) 40 ILJ 2707 (LAC)

by | Apr 23, 2023 | ILJ, ILJ V41 I2

Note: Decoding Section 200B of the LRA: Masoga & another v Pick n Pay Retailers (Pty) Ltd & others (2019) 40 ILJ 2707 (LAC)

Author Rochelle le Roux

ISSN: 2413-9874
Affiliations: Professor, Department of Commercial Law, University of Cape Town
Source: Industrial Law Journal, Volume 41 Issue 2, 2020, p. 822 – 833

Abstract

None

Note: Can Employees be Fairly Dismissed for Refusing to Accept a Demand? A Discussion of National Union of Metalworkers of SA & others v Aveng Trident Steel (A Division of Aveng Africa (Pty) Ltd) & another (2019) 40 ILJ 2024 (LAC)

by | Apr 23, 2023 | ILJ, ILJ V41 I2

Note: Can Employees be Fairly Dismissed for Refusing to Accept a Demand? A Discussion of National Union of Metalworkers of SA & others v Aveng Trident Steel (A Division of Aveng Africa (Pty) Ltd) & another (2019) 40 ILJ 2024 (LAC)

Author Kamalesh Newaj

ISSN: 2413-9874
Affiliations: Lecturer in Labour Law, Faculty of Law, University of Pretoria
Source: Industrial Law Journal, Volume 41 Issue 2, 2020, p. 834 – 845

Abstract

None

South African Labour Law Mapping the Changes — Part 2: The History of Labour Law and its Institutions

by | Apr 23, 2023 | ILJ, ILJ V41 I1

South African Labour Law Mapping the Changes — Part 2: The History of Labour Law and its Institutions

Authors Paul Benjamin & Halton Cheadle

ISSN: 2413-9874
Affiliations: Extraordinary Professor, Department of Mercantile and Labour Law, University of the Western Cape; Director, Cheadle Thompson and Haysom Inc.; Emeritus Professor, Department of Public Law, University of Cape Town; Director, Bradley Conradie Halton Cheadle
Source: Industrial Law Journal, Volume 41 Issue 1, 2020, p. 1 – 47

Abstract

This article is the second part of a survey of South African labour legislation in the post-apartheid period. It examines the evolution of the law of unfair dismissal and the controversies surrounding the legislative protection of workers in non-standard employment in this period. Thereafter, it examines the impact of the Employment Equity Act 55 of 1998 as a mechanism for achieving greater equality in the workplace and the contribution of the Unemployment Insurance Act 63 of 2001 to providing social security for working people.

Joining the ‘Old Boys’ Club’: Equality for Women in the South African Judiciary and Other Male-Dominated Workplaces

by | Apr 23, 2023 | ILJ, ILJ V41 I1

Joining the ‘Old Boys’ Club’: Equality for Women in the South African Judiciary and Other Male Dominated Workplaces

Author D M Smit

ISSN: 2413-9874
Affiliations: Associate Professor of Mercantile Law, University of the Free State
Source: Industrial Law Journal, Volume 41 Issue 1, 2020, p. 48 – 70

Abstract

Decent work in a world buffeted by ‘change and inequality’1 lies at the heart of the ILO’s development goal 8. The South African National Development Plan, with its 2030 goals, also directs attention to transforming South African workplaces in which women still suffer the after-effects not only of a racially divided country but of patriarchy and other lesser-known barriers to entry and advancement. Despite s 174 of the South African Constitution that calls for the appointment of judicial officers to reflect broadly the racial and gender composition of our county, gender equality in the judiciary still seems to be a distant dream given the continuing underrepresentation of women in that sector. Although white women were permitted to join the judiciary in 1923 and the first appointment of a black female attorney occurred in 1967, the judiciary still fails to reflect the statistical representation of women in the population. Even in 2019 the government failed to use the opportunity to appoint women to the high-profile, state capture cases currently under investigation. This persistence of an ‘old boys’ club’ approach to the appointment of women in the judiciary calls for further investigation and real solutions.

The Extension of Bargaining Council Agreements: What Guidelines Can South Africa Gain from the International Labour Organisation?

by | Apr 23, 2023 | ILJ, ILJ V41 I1

The Extension of Bargaining Council Agreements: What Guidelines Can South Africa Gain from the International Labour Organisation?

Authors Mynie Kriek & Stefan van Eck

ISSN: 2413-9874
Affiliations: This article is based on research conducted by Ms Mynie Kriek for purposes of her research master’s degree in labour law at the University of Pretoria (UP) under the guidance of Professor Stefan van Eck.; Professor of Labour Law, University of Pretoria
Source: Industrial Law Journal, Volume 41 Issue 1, 2020, p. 71 – 87

Abstract

The extension of bargaining council agreements to non-members and minority parties is not a new phenomenon in South African labour law. Section 32 of the Labour Relations Act 66 of 1995 (LRA) provides that the Minister of Labour1 has an obligation to extend collective agreements if the majority parties to a bargaining council so request. This provision has been amended on two occasions and it has also been contested in Free Market Foundation v The Minister of Labour & others (2016) 37 ILJ 1638 (GP). This contribution examines the question whether, measured by international standards, there is an inherent defect in s 32 of the LRA. It is recommended that the LRA should be amended to comply with all the guidelines of the International Labour Organisation.