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Corporate governance and labour relations: a sustainable partnership
Although the LRA and the Constitution understand that conflict is inevitable in the relationship between employer and employee, it is not conflict of such a violent nature, as has become associated with the process of striking in recent times, which they are referring to and intending to permit. Des...
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| Format: | Thesis |
| Language: | English English |
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Institute of Development and Labour Law
2026
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| _version_ | 1867613162844454912 |
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| access_status_str | Open Access |
| author | Chennels, Jack |
| author2 | Fergus, Emma |
| author_browse | Chennels, Jack Fergus, Emma |
| author_facet | Fergus, Emma Chennels, Jack |
| author_sort | Chennels, Jack |
| collection | Thesis |
| description | Although the LRA and the Constitution understand that conflict is inevitable in the relationship between employer and employee, it is not conflict of such a violent nature, as has become associated with the process of striking in recent times, which they are referring to and intending to permit. Despite how it has been perceived by the courts and by commentators generally, the threat which conflict under the LRA aimed to allow is the threat of the peaceful with-holding of labour. Strike related violence and bad faith negotiation tactics have been on the rise in South Africa and it is not unusual for parties across the negotiation table from each other to accuse their opposition of some form of misdirection and bad faith, or for animosity to become even more prevalent once an agreement has been reached due to the manner in which the negotiations were conducted. Cheadle states that “it is one of the ironies of collective bargaining that its very object, industrial peace, should depend on the threat of conflict.” He does go on to add that the difference to international standards and expectations comes in how the LRA requires no implicit need for strikes to be preceded by good faith negotiations whereas conventional labour relations does. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/43206 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:31:45.395Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Institute of Development and Labour Law |
| publisherStr | Institute of Development and Labour Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/43206 Corporate governance and labour relations: a sustainable partnership Chennels, Jack Fergus, Emma Labour Law Although the LRA and the Constitution understand that conflict is inevitable in the relationship between employer and employee, it is not conflict of such a violent nature, as has become associated with the process of striking in recent times, which they are referring to and intending to permit. Despite how it has been perceived by the courts and by commentators generally, the threat which conflict under the LRA aimed to allow is the threat of the peaceful with-holding of labour. Strike related violence and bad faith negotiation tactics have been on the rise in South Africa and it is not unusual for parties across the negotiation table from each other to accuse their opposition of some form of misdirection and bad faith, or for animosity to become even more prevalent once an agreement has been reached due to the manner in which the negotiations were conducted. Cheadle states that “it is one of the ironies of collective bargaining that its very object, industrial peace, should depend on the threat of conflict.” He does go on to add that the difference to international standards and expectations comes in how the LRA requires no implicit need for strikes to be preceded by good faith negotiations whereas conventional labour relations does. 2026-05-08T10:05:15Z 2026-05-08T10:05:15Z 2014 2026-05-08T10:03:16Z Thesis / Dissertation Masters MPhil http://hdl.handle.net/11427/43206 en eng application/pdf Institute of Development and Labour Law Faculty of Law University of Cape Town |
| spellingShingle | Labour Law Chennels, Jack Corporate governance and labour relations: a sustainable partnership |
| thesis_degree_str | Master's |
| title | Corporate governance and labour relations: a sustainable partnership |
| title_full | Corporate governance and labour relations: a sustainable partnership |
| title_fullStr | Corporate governance and labour relations: a sustainable partnership |
| title_full_unstemmed | Corporate governance and labour relations: a sustainable partnership |
| title_short | Corporate governance and labour relations: a sustainable partnership |
| title_sort | corporate governance and labour relations a sustainable partnership |
| topic | Labour Law |
| url | http://hdl.handle.net/11427/43206 |
| work_keys_str_mv | AT chennelsjack corporategovernanceandlabourrelationsasustainablepartnership |