n Law, Democracy & Development - The LRA and the common law




Being asked to speak to a group of labour lawyers on the common law is akin to being invited to sample the delights of a hornets nest. For many labour lawyers any reference to the common law seems to conjure up nightmares of a retreat to legal formalism and an abandonment of fairness as the keystone for resolving the disputes that inevitably arise in the course of the relationship between employer and employee and between trade unions and employers. In fact for some, l suspect that what they would welcome hearing from me today is a rapid obituary for the common law insofar as labour law is concerned.


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