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A judicial interpretation of Sections 189A (13) and (18) of the LRA
Mini Dissertation (LLM)--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_ | 1867613700313055232 |
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| access_status_str | Open Access |
| author2 | Newaj, Kamalesh |
| author_browse | Newaj, Kamalesh |
| author_facet | Newaj, Kamalesh |
| 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)--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100676 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:18.073Z |
| 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:2263/100676 A judicial interpretation of Sections 189A (13) and (18) of the LRA Newaj, Kamalesh u23819988@tuks.co.za Masango, Languta Operational requirements Sections 189A (13) and (18) Procedural fairness Substantive fairness Judicial interpretation Mini Dissertation (LLM)--University of Pretoria, 2024. The Labour Relations Act (LRA) allows for the termination of employees’ contracts of employment for reasons related to operational. However, both the procedural and substantive fairness of such dismissals must be done fairly. The study aims at evaluating the implication that section 189A of the LRA has on large-scale employees when challenging procedural fairness disputes and subsequently recommend improvements. Section 189A was introduced to deal with disputes emanating from large-scale retrenchment. However, the section separates disputes relating to procedural fairness from that of substantive fairness. In this case, the employees are only allowed to challenge the procedural unfairness of their dismissals using section 189A (13) and substantive fairness using section 191 (5) of the LRA. This process is different as compared to the other types of dismissal, which is misconduct and incapacity. The separation of procedural and substantive fairness disputes has caused lots of litigation for both employers and employees. This research explores the legislative framework governing large-scale retrenchment. Furthermore, the study analyses cases that were brought to the Courts challenging procedural unfairness of dismissals based on operational requirements. Mercantile Law LLM (Labour Law) Unrestricted Faculty of Laws SDG-08: Decent work and economic growth 2025-02-11T09:22:35Z 2025-02-11T09:22:35Z 2025-04 2024-11-20 Mini Dissertation * A2025 http://hdl.handle.net/2263/100676 Disclaimer letter 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 | Operational requirements Sections 189A (13) and (18) Procedural fairness Substantive fairness Judicial interpretation A judicial interpretation of Sections 189A (13) and (18) of the LRA |
| title | A judicial interpretation of Sections 189A (13) and (18) of the LRA |
| title_full | A judicial interpretation of Sections 189A (13) and (18) of the LRA |
| title_fullStr | A judicial interpretation of Sections 189A (13) and (18) of the LRA |
| title_full_unstemmed | A judicial interpretation of Sections 189A (13) and (18) of the LRA |
| title_short | A judicial interpretation of Sections 189A (13) and (18) of the LRA |
| title_sort | judicial interpretation of sections 189a 13 and 18 of the lra |
| topic | Operational requirements Sections 189A (13) and (18) Procedural fairness Substantive fairness Judicial interpretation |
| url | http://hdl.handle.net/2263/100676 |