Abstract

The appropriateness of the Labour Relations Act 66 of 1995 (LRA 1995) has been questioned for its effect on the plight of minority union members or a minority group of employees who share a significant and discrete interest in the workplace. This article considers the vision of majoritarianism in the LRA 1995 as a product of criticism of the Industrial Conciliation Act 28 of 1956 (subsequently renamed the Labour Relations Act (LRA 1956)), and its support by the Constitutional Court. It does so with reference to representation at disciplinary enquiries, during retrenchment consultation, and during collective bargaining to show that after almost 30 years of the current LRA we have perhaps come full circle to the point where the Act is open to the same criticism levelled against the LRA 1956 all those years ago.