The LRA`s approach differs considerably from that of its predecessor. The collective dimension of the competence of unfair labour practices has been effectively abolished, and with it the obligation to negotiate. However, the institution of collective bargaining is clearly encouraged, albeit in a different way. The aim was to create a legal framework conducive to negotiations while preventing the judicial appropriation of politically sensitive terrain. The main measures to promote bargaining are: The right to fair labour practices, the right to collective bargaining and the right to strike, as well as a number of other fundamental rights, were enshrined in a new interim constitution which entered into force in 1993. These rights remained enshrined in the final constitution adopted by the new democratic parliament on 8 May 1996. Although at the time all parties agreed that these fundamental workers` rights should have constitutional status (although there were some disputes over the scope of an employer`s lockout right), there was room for disagreement on the scope and content of these rights. The final constitution provided that «national laws may be enacted to regulate collective bargaining.» In an attempt to give effect to these recommendations, significant amendments were made to the Industrial Conciliation Act (renamed the Industrial Relations Act 28 of 1956) which, together with other amendments, formed the legislative structure to regulate collective labour relations for the next 15 years. The employment contract must also contain the conditions for termination of the employment relationship or the duration of employment of the employee.
It should include any period of employment with another employer that the employer considers to be part of the employee`s working time with the current employer, a list of the documents forming part of the contract and a description of the Council governing employment in the sector concerned. In general, differentiation amounts to discrimination if it is based on an unacceptable ground. Even if the discrimination suffered were not listed in Article 6(1) of the EEA Agreement, it would constitute discrimination if it were objectively based on characteristics and characteristics which are likely to undermine the fundamental human dignity of persons as human beings or to affect them in a manner of comparable gravity. The Wiehahn Commission of Inquiry was established in 1979 to investigate the labour situation in South Africa. The resulting Commission report changed the face of industrial relations and labour law in South Africa. The Commission`s most important recommendation is to extend freedom of association to all persons, regardless of race or sex. As a result, unions representing Black workers were now able to exploit the mechanisms of the Labour Relations Act of 1956. «It is in this spirit,» writes John Grogan, «that the government has undertaken to prepare legislation to breathe life into the foundations of constitutional guarantees.» [77] The first step was the establishment of a commission chaired by Professor Halton Cheadle to draft legislation to amend industrial relations. This was achieved six months later. The draft served as the basis for the new Industrial Relations Act 66 of 1995, which emerged in its current form after «intense debate»[77] in the National Economic Development and Labour Council (NEDLAC), a body composed of representatives of government, organized workers, and employers, including the Manpower Commission and the National Economic Forum.
They have begun to develop a new framework to comprehensively address individual and collective labour law. Given the adversarial nature of the previous relationship between organized workers and employers, whether or not dismissal is an appropriate sanction is a question of fact. Paragraphs 5 to 6 of Article 3 of the Code list the factors to be taken into account. In addition to the seriousness of the misconduct, the employer should consider factors such as the employee`s circumstances (including seniority, previous disciplinary action and personal circumstances), the nature of the employment, and the circumstances of the breach itself. The employer should apply the termination sanction in accordance with how it has been applied to the same worker and other workers in the past and consistently between two or more employees involved in the misconduct in question.