n South African Law Journal - Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law
|Article Title||Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Author||Darcy Du Toit|
|Publication Date||Jan 2008|
|Pages||95 - 133|
This article examines the underlying relationship between the contract of employment and statutory labour law, which together constitute the essence of individual labour law (or 'employment law', to use the more common international term). It argues that in South Africa contract and statute have become inextricably intermingled, resulting in a growing number of ambiguities and a confusing overlap and / or competition between statutory and contractual rights and remedies. It is further argued that the trend towards the establishment of two parallel regimes-one based on statute and the other on common law - has been given added momentum by the judgment in Old Mutual Life Assurance Co SA Ltd v Gumbi (2007) 28 ILJ 1499 (SCA). The article explores possibility of a more consistent articulation between the two principal regulators of the employment relationship, based on the underlying constitutional rights.
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