Should precarious work be the focus of Labour Law?

by | Oct 4, 2019 | ILJ, ILJ V39 I4

Should precarious work be the focus of Labour Law?

Authors Darcy du Toit

ISSN: 2413-9874
Affiliations: Emeritus Professor, Faculty of Law, University of the Western Cape
Source: Industrial Law Journal, Volume 39 Issue 4, 2018, p. 2089 – 2106

Abstract

This article draws on the findings of a joint research project conducted by researchers at the University of Cape Town and the University of the Western Cape, together with Workers World Media Productions during 2016-2017. It uses the term ‘precarious work’ to refer to the various forms of ‘non-standard’ or ‘vulnerable’ work that are characterised by a lack of adequate legal protection. The reasons for this, it argues, lie in the absence of appropriate mechanisms in the existing labour law framework for addressing the conditions of precarious workers. It suggests that alternative means of workplace regulation which are more responsive to the needs of precarious and marginalised workers are required, involving the devolution of regulatory powers to appropriate levels. Enabling legislation is proposed to create inclusive regulatory processes in different work or social domains, including supervision by higher organs of state with residual powers to ensure that the public interest is safeguarded. Such an approach, it argues, is consistent with the constitutional principle of substantive equality, and could help to rejuvenate labour law at a time when its structures are increasingly less able to engage with a changing work environment.

Case Note: The dislocated employee in a restructuring process South African Breweries (Pty) Ltd v Louw (2018) 39 ILJ 189 (LAC)

by | Oct 4, 2019 | ILJ, ILJ V39 I3

Case Note: The dislocated employee in a restructuring process South African Breweries (Pty) Ltd v Louw (2018) 39 ILJ 189 (LAC)

Authors Alan Rycroft

ISSN: 2413-9874
Affiliations: Professor, Faculty of Law, University of Cape Town
Source: Industrial Law Journal, Volume 39 Issue 3, 2018, p. 1470 – 1477

Abstract

None

Does South African labour legislation provide adequate protection for mental illness in the workplace?

by | Oct 4, 2019 | ILJ, ILJ V39 I3

Does South African labour legislation provide adequate protection for mental illness in the workplace?

Authors L Nxumalo

ISSN: 2413-9874
Affiliations: Attorney
Source: Industrial Law Journal, Volume 39 Issue 3, 2018, p. 1436 – 1452

Abstract

Managing mental illness is one of the challenges encountered by employers in the workplace. As mental illness is unique in nature being largely an invisible disability, employees with such illness, unlike those with visible disabilities, are often not recognised as requiring reasonable accommodation. The critical question is whether South African labour legislation provides adequate protection for employees with mental illness. If not, how are employers managing such employees? This article contends that while disability is generally covered in labour legislation, such legislation does not provide adequate mechanisms for managing mental illness and other disabilities in the workplace, even though the Constitution recognises the need to achieve substantive equality and human dignity for all people with disabilities. Furthermore, arising from the legislative framework, there is an ongoing misperception that disability and incapacity are equivalent concepts, thus disadvantaging employees with mental illness. This article advocates the introduction of specific disability legislation, inclusive of an adequate focus on mental illness. It further recommends specialised training on mental illness for management and the use of specialist psychologists to assist in addressing such illness. Finally, it encourages employers to create a positive working environment with a culture fully inclusive of employees with mental illness.

Enforcement of Labour Court judgments in Zimbabwe: Lessons and perspectives from Southern Africa

by | Oct 4, 2019 | ILJ, ILJ V39 I3

Enforcement of Labour Court judgments in Zimbabwe: Lessons and perspectives from Southern Africa

Authors Tapiwa Givemore Kasuso

ISSN: 2413-9874
Affiliations: Lecturer, Midlands State University, Gweru, Zimbabwe
Source: Industrial Law Journal, Volume 39 Issue 3, 2018, p. 1415 – 1435

Abstract

The Constitution of Zimbabwe establishes a Labour Court with exclusive jurisdiction over an exhaustive list of labour matters. Its purpose is to secure the just, effective, and expeditious resolution of labour disputes. Regrettably, the Labour Court was deprived of the power to enforce its orders, both ad pecuniam solvendam and ad factum praestandum. Labour Court orders ad factum praestandum are not enforceable at all. Only orders sounding in money are able to be registered with the civil courts for enforcement purposes. This procedure for registration and enforcement is complicated, expensive, and a fertile ground for forum shopping. It inhibits the realisation of speedy social justice. The article critically analyses the registration and enforcement procedures of Labour Court orders in Zimbabwe. In so doing, a comparative analysis of the jurisdictions of selected southern African countries is undertaken. It concludes that the panacea for the problems bedevilling Zimbabwe is to clothe the Labour Court with its own enforcement mechanisms.