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Just and equitable compensation in respect of unprotected strikes in South Africa
Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613480799961088 |
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| access_status_str | Open Access |
| author2 | Van Eck, B.P.S.
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| author_browse | Van Eck, B.P.S.
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| author_facet | Van Eck, B.P.S.
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| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100480 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:49.486Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100480 Just and equitable compensation in respect of unprotected strikes in South Africa Van Eck, B.P.S. Theo@thomashuman.co.za Human, Thomas UCTD Sustainable Development Goals (SDGs) Strikes Compensation Protected strike Unprotected strike Damages Collective bargaining Freedom of association Section 64 of the LRA Mini Dissertation (LLM (Labour Law))--University of Pretoria, 2024. This study analyzes the intersection of the Labour Relations Act (LRA) and the South African Constitution concerning the right to strike and related activities, asserting that the current legal framework inadequately addresses unlawful conduct, thereby necessitating stricter regulations to align the right to strike with constitutional rights. It critiques the 2018 amendment on advisory arbitration for violent picketing as insufficient, pointing out that violent strikes persist and unions frequently ignore court orders. The Labour Appeal Court's interpretation of section 68(1) introduces just and equitable compensation for unlawful actions during strikes, yet it is criticized as ineffective. The research also underscores South Africa's obligations under international labour law, as violent strikes violate freedom of association principles, and discusses the impracticality of proportional penalties in cases of significant financial loss due to union-sanctioned strikes. The rejection of proposed LRA amendments to limit union authority regarding picketing raises concerns about unions' accountability, with the study advocating for unions to be liable for negligence in managing their members' conduct during strikes. A comparative analysis with Australia and Canada reveals legislative approaches to suspending harmful strikes, suggesting South Africa could benefit from re-evaluating its approach to balancing striking rights with constitutional principles. Mercantile Law LLM (Labour Law) Unrestricted Faculty of Laws SDG-08: Decent work and economic growth SDG-16: Peace, justice and strong institutions 2025-02-03T23:52:32Z 2025-02-03T23:52:32Z 2025-04 2024-10 Mini Dissertation * A2025 http://hdl.handle.net/2263/100480 https://doi.org/10.25403/UPresearchdata.28269257 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Strikes Compensation Protected strike Unprotected strike Damages Collective bargaining Freedom of association Section 64 of the LRA Just and equitable compensation in respect of unprotected strikes in South Africa |
| title | Just and equitable compensation in respect of unprotected strikes in South Africa |
| title_full | Just and equitable compensation in respect of unprotected strikes in South Africa |
| title_fullStr | Just and equitable compensation in respect of unprotected strikes in South Africa |
| title_full_unstemmed | Just and equitable compensation in respect of unprotected strikes in South Africa |
| title_short | Just and equitable compensation in respect of unprotected strikes in South Africa |
| title_sort | just and equitable compensation in respect of unprotected strikes in south africa |
| topic | UCTD Sustainable Development Goals (SDGs) Strikes Compensation Protected strike Unprotected strike Damages Collective bargaining Freedom of association Section 64 of the LRA |
| url | http://hdl.handle.net/2263/100480 https://doi.org/10.25403/UPresearchdata.28269257 |