INTRODUCTION TO COLLECTIVE

LABOUR LAW

Start
 INDEX

01 Individual/Collective Labour Law 05 Application and Interpretation

02 Historical Background 06 Freedom of Assoc - Employees

03 LRA 66 of 95 07 Freedom of Assoc Employers

04 Purpose of the LRA 08 NEDLAC

09 Cases
INDIVIDUAL/
Individual labour law - the law governing
relationship between individual employees and
their employers
COLLECTIVE Collective labour law - the law governing
relationship between employers/management
LABOUR LAW and organised labour
There is some overlap
 HISTORICAL Between 1911 - 1918 a succession of laws was promulgated
which dealt with labour

BACKGROUND After 1948 - Botha Commission of Inquiry - led to reforms and

a racially divided structure. Job reservation was introduced
and black workers were precluded from joining registered
trade unions. Separate legislative framework for black workers.
The Industrial Conciliation Act 28 of 1956 was enacted to
regulate labour relations - it provided for collective bargaining
and dispute resolution, but only applicable to whites in private
sector.
 Following Wiehahn Commission - signi cant changes were

HISTORICAL introduced in late 1979 and early 1980 - labour laws were
largely "deracialised"

BACKGROUND
A ministerial legal task team was appointed by the Minister of
Labour in 1994 to draft a new Labour Relations Bill - this
resulted in the Labour Relations Act 66 of 95
CONTINUED The new LRA did not come into operation immediately
because new structures such as the Labour Court (replacing
Industrial Court) and the CCMA had to be established rst.
The LRA came into operation on 11 November 1996.
 The LRA is viewed as an instrument by which democratic
LRA 66 OF 95 values are infused into employment relations.
The LRA marked a turning point and the drafters hoped to
change the adversarial stance which tended to be adopted by
unions and management to a more co-operative one.
Section 3 - any person applying the Act must interpret its
provisions to give e ect to its primary objects, and in
compliance with the Constitution and the Republic's public
international law obligations - therefore in cases of
ambiguity/uncertainty courts will rather interpret the Act to
protect individual and collective labour rights, than to restrict
them.
PURPOSE OF LRA
APPLICATION AND INTERPRETATION
OF THE LRA
FREEDOM OF ASSOCIATION - EMPLOYEES
FREEDOM OF ASSOCIATION - EMPLOYERS
NEDLAC
Organised business, organised labour and government have key roles to
play in developing e ective policies with respect to economic and labour
matters.
To address economic, labour and development issues more e ectively -
the National Economic, Development and Labour Council (NEDLAC) was
established on 18 Feb 1995
Members representing organised business and organised labour are
appointed by the Minister from nominations made by the di erent
organisations, members representing government are appointed by the
President.
NEDLAC - continued
CASES TO STUDY:

State Information Technology Agency (SITA)(Pty)Ltd v CCMA

[2008] 7 BLLR 611 (LAC) - take speci c note of what is said about
the "control test"
ECCAWUSA v Southern Sun Hotel Interests (2008) 21 ILJ 1090 (LC)
- take speci c note of what is said about an employer's obligation
to bargain.
Questions and
Answers