Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service?

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dc.contributor.advisorSinglee, Suffinahen_ZA
dc.contributor.authorRezandt, Patrick Alexanderen_ZA
dc.date.accessioned2015-11-21T09:36:59Z
dc.date.available2015-11-21T09:36:59Z
dc.date.issued2015en_ZA
dc.description.abstractCollective 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.en_ZA
dc.identifier.apacitationRezandt, P. A. (2015). <i>Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service?</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law. Retrieved from http://hdl.handle.net/11427/15171en_ZA
dc.identifier.chicagocitationRezandt, Patrick Alexander. <i>"Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service?."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law, 2015. http://hdl.handle.net/11427/15171en_ZA
dc.identifier.citationRezandt, P. 2015. Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service?. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Rezandt, Patrick Alexander AB - 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. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service? TI - Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service? UR - http://hdl.handle.net/11427/15171 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/15171
dc.identifier.vancouvercitationRezandt PA. Collective bargaining in the education sector in South Africa: Should this sector be classified as an essential service?. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Development and Labour Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/15171en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentInstitute of Development and Labour Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherLabour Lawen_ZA
dc.titleCollective bargaining in the education sector in South Africa: Should this sector be classified as an essential service?en_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMPhilen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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