n Stellenbosch Law Review = Stellenbosch Regstydskrif - Bent out of shape? : critically assessing the application of the right to fair labour practices in developing South African labour law

Volume 19, Issue 3
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



This article examines instances in recent South African case law where the constitutional right to fair labour practices has featured and assesses the role that it has played in those cases. The article discusses the challenge to the Labour Relations Act (LRA) based on its alleged failure to give effect to an employer's right to fair labour practices as well as examining the extent to which that right might be relied upon directly to provide employers with constitutional remedies. The courts' reliance on the right to fair labour practices in developing the common law and interpreting the LRA is also critically discussed.

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