Browsing by Author "Singlee, Suffinah"

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    Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service?
    (2015) Rezandt, Patrick Alexander; Singlee, Suffinah
    Collective bargaining within public education and limited confidence in the arbitration process has resulted in strike action by educators with adverse consequences on learners. The right to basic education is fundamental and of national importance. Depriving a society the right to basic education is tantamount to depriving them of their human dignity; hence their human right. However, the learner's passive right to basic education is seemingly in conflict with the educator's active right to strike action and freedom to associate. In reconciling these conflicting constitutional rights, this mini-dissertation argues that basic education should be designated as minimum service within essential services. Relying on international and domestic legal instruments, case law and academic literature, this dissertation justifies the need to persuade the Essential Services Committee (ESC) to recommend designating basic education as essential service to parliament. This should be based on negotiations and recommendations between the government and educator's trade union to recommend designating basic education as essential service. This, however, will be contingent on the imperative to ensure certainty and credibility in the dispute resolution mechanisms where collective bargaining fails. This dissertation further recommends the need to strengthen the processes of conciliation, mediation and arbitration and also ensure compliance with compulsory arbitration awards, as a formidable measure to balance both the rights of the educator (freedom of association) and the learner to basic education in South Africa.
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    Interpreting the 2015 amendments to the Labour Relations Act 66 of 1995 in light of the underlying purpose of South Africa's labour laws
    (2015) Hwani, Gilbert; Singlee, Suffinah
    The aim this dissertation is to establish what the purpose of labour law is and thereafter determine whether or not the Labour Relations Act 66 of 1995 (LRA) is doing enough to make sure that such purpose is realised. It is important to note that this paper is only limited to the purpose of labour law and the application of the LRA as far as non-standard workers (particularly temporary employment services) are concerned. If the purpose of labour law is established it will be easier for the legislator to focus the developments of the LRA in line with the desired purpose. Furthermore, an understanding of the purpose of labour law, makes the job of the courts much easier when it comes to the interpretation of such provisions. In doing so the non-standard workers will be protected from some of the difficulties which they are currently facing in the workplace.
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    Protection versus flexibility: a critical analysis of the new labour brokering provisions introduced by the 2014 amendments to the Labour Relations Act, 66 of 1995
    (2016) Masimbe, Tawanda; Singlee, Suffinah
    The paper will focus primarily on Labour Law with a particular emphasis being placed on the amendments to the LRA that deal with labour-broker employees. In order to fulfil this endeavour, the perceived purpose of labour law will be looked at to inform a discussion of what the amendments should be aiming to achieve. Further reference will also be made to fundamental International Labour conventions in order to enlighten the analysis.