Product Description
Labour Law Rules! (4th edition) (eBook)
Authors: M McGregor, A Dekker, M Budeli, ME Manamela, T Manamela, C Tshoose, W Germishuys-Burchell
Format: Digital
This well-established labour law text has been updated to reflect the law as of September 2020. Labour Law Rules! provides an accessible and clear discussion of all relevant labour, employment equity, social security and related legislation. The book brings law and practice together. The text is supplemented with visual aids, examples and case law to clarify concepts.
The common law contract of employment is the basis of the relationship. The book explains how the Constitution, the BCEA, the NMWA, the LRA, as well as the EEA, supplement the relationship. The legal protection afforded to employees, including non-standard employees, is clarified. Dismissal, unfair labour practices, discrimination, harassment and the impact of transfers of a business on employers and employees alike are explained with reference to recent statutory and case developments.
The book includes an analysis of collective labour law. Aspects such as collective bargaining, collective agreements, bargaining agents (for example, trade unions) and workplace forums are covered. The legal requirements for protected strikes, lockouts, picketing and protest action are dissected and explained with reference to case law and practical examples.
An important aspect of labour law that is often overlooked in the academic context is social security measures that impact on the workplace. The book covers the OHSA, MHSA, COIDA and UIA. The book concludes with an overview of so-called non-core labour legislation such as the Employment Services Act, the Skills Development Act, the Employment Tax Incentive Act, the Regulation of Interception of Communications and Provision of Communications-Related Information Act and the Protection of Personal Information Act.
Additional recommended reading is provided in a separate annexure for the keen reader.
This book not only reflects on the rules of labour law but also shows that labour law, in the modern workplace, rules!
Contents:
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Part A: Individual Labour Law
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Introduction to labour law
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The impact of the law of contract and the Constitution on labour law
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Exclusive protection for employees in terms of labour legislation
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The impact of the BCEA and the NMWA on the employment relationship
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The Employment Equity Act: Unfair discrimination and affirmative action
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Protection against unfair labour practices under the LRA
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Termination of the contract of employment, the definition of dismissal and relevant dispute-resolution mechanisms
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The protection of employees against automatically unfair dismissals
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Dismissal for misconduct, incapacity and operational requirements
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The transfer of a business as a going concern
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Part B: Collective Labour Law
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Freedom of association and the role of bargaining agents
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Collective bargaining
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Organisational rights of trade unions
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Workplace forums
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Strikes and lockouts
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Consequences of strikes and lockouts
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Picketing and protest action
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Part C: Social Security
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Introduction to the social security system
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The Occupational Health and Safety Act and the Mine Health and Safety Act
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The Compensation for Occupational Injuries and Diseases Act and the Unemployment Insurance Act
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Part D: Other Labour-Related Legislation
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Other legislation that impacts on the employment relationship
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Index of cases
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Index of statutes
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