n Without Prejudice - The sanctity of statutory rights : employment law

Volume 14, Issue 8
  • ISSN : 1681-178X



The Constitution affords every worker the right to fair labour practices and the right to strike. Simultaneously, it affords every trade union, employers' organisation, employer and employee the right to engage in collective bargaining. On the other hand, the Labour Relations Act (LRA) confers a number of rights on employees which no-one may prevent them from exercising. These different rights often conflict, particularly where collective agreements between trade unions and employers or employers' organisations seem to limit or oust the employees' statutory or common law rights. The question is whether one can "contract" out of one's Constitutional and statutory rights.

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