n Law, Democracy & Development - A matter of ongoing concern : judicial interpretation and misinterpretation of section 197 of the Labour Relations Act

Volume 9, Issue 2
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



Perhaps no section of the Labour Relations Act (LRA) has given rise to such widely divergent interpretations as section 197. In its short life, it has already given rise to two major controversies concerning its application, a Constitutional Court judgment which settled one of those controversies, a Supreme Court of Appeal (SCA) judgment which may well be the source of further controversy, and a book. In addition, Parliament felt obliged to rewrite the clause to make sure we all knew what it meant. What is significant about these controversies is that they concerned the application of the section and effectively emasculated its operation for much of the first decade of our new labour law.

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