n South African Journal of Labour Relations - Forum : What role for justice in a world class labour relations system?

Volume 25, Issue 1_2
  • ISSN : 0379-8410
  • E-ISSN: 2520-3223



The role of the new Labour Court, unlike that of the industrial court, is a conventional one and the court can no longer develop laws in conflict with the forma law save to the extent permitted by the Constitution of the Republic of south Africa of 1996. The legitimacy of the Labour Court depends, in large part, on the legitimacy of the rules or laws which it applies. Therefore management and labour must ensure, as far as possible, that the labour laws passed by parliament are fair and acceptable. The problem of what a judge is to do when a party attempts to achieve by the judicial process what it was unable to achieve by collective bargaining or the legislative process is explored. The need to conduct research into the labour problems of today is emphasised. Some thoughts are offered on streamlining labour litigation particularly by side stepping the need for oral evidence but without prejudicing the unsophisticated litigant. Online adjudication and other technological developments are explored with a view to enhancing the dispensing of justice. Finally some suggestions are made which could reduce the amount and nature of evidence required in dismissal cases. These suggestions may go some way to doing justice in a first class manner.

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