n Without Prejudice - Majoritarianism in the context of organisational rights : employment law




One of the policy assumptions reflected in the Labour Relations Act (66 of 1995) (LRA) is majoritarianism. This was described by the Labour Appeal Court in Kem-Lin Fashions CC v Brunton & another [2001] 1 BLLR 25 (LAC) as : "The legislature has... made certain policy choices in the Act... One policy choice is that the will of the majority should prevail over that of the minority. This is good for orderly collective bargaining as well as for the democratisation of the workplace and sectors. A situation where the minority dictates to the majority is, quite obviously, untenable. But also a proliferation of trade unions in one workplace or in a sector should be discouraged. There are various provisions in the Act which support the legislative policy choice of majoritarianism."


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