n Acta Juridica - The new unfair labour practice

Volume 2012, Issue 1
  • ISSN : 0065-1346
  • E-ISSN: 1996-2088



This contribution explores the potential application of s 23(1) of the Constitution to those workers who are not employees in an employment relationship with an employer. The contribution argues, with reference to international developments and local jurisprudence, that the modern manifestation of work calls for this constitutional right to fair labour practices to be detached from its historical foundations, and for it to acquire significance beyond incidents that can arise only from traditional employment relationships. In particular, it is argued that a shift of focus from the employment relationship to the regulation of the labour market and its participants is required.

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