n Annual Survey of South African Law - Labour law

Volume 2012, Issue 1
  • ISSN : 0376-4605



In the period under review, developments in labour law were shaped by two realities. First, 2012 saw the publication of a number of Bills representing an attempt at the first major overhaul of South African labour legislation since 2002. These Bills did not make much headway during 2012, and, at the time of writing, remain far from finalised. This means a detailed discussion is not warranted in this publication. Rather, section A below will provide a brief overview of the proposed legislative amendments to give some idea of the thinking behind the legislation and what the future may hold. Secondly, because of the specialist nature of Labour Courts and tribunals, and the specialist system of reporting of labour judgments, 2012 saw, as usual, a vast number of judgments to be considered for inclusion in this publication. Space simply precludes a discussion, let alone a detailed discussion, of all these cases and necessitates difficult decisions about judgments that merit inclusion. For this reason, the focus of section B will be on those judgments which applied and developed the substantive (as opposed to procedural) principles of labour law.

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