n Tydskrif vir die Suid-Afrikaanse Reg - and beyond : urgent need for the constitutional court to provide certainty : aantekeninge

Volume 2010, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Viewed from a labour law perspective, a number of significant issues have been given finality to by the constitutional court in the post-1994 elections era. In (2003 2 BLLR 103 (CC)) it was held that trade unions with a small number of members may strike in pursuit of organisational rights. In (2003 95 (CC)) the court held that the constitutional right to fair labour practices is incapable of precise definition and that it is the primary responsibility of the labour courts to give content to the right. In (2007 9 BLLR 785 (CC)) it was held that litigants may not rely directly on the constitution in instances where fundamental principles have already been given content to by means of other statutory regulations. And, in (2007 12 BLLR 1097 (CC)), the court gave finality to the vexed debate about the appropriate measures to be applied in review applications of the commission for conciliation, mediation and arbitration awards.

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