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An appraisal of the revival of workplace forums and employee participation in South Africa
Mini Dissertation (MSc)--University of Pretoria, 2019.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613486972928000 |
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| access_status_str | Open Access |
| author2 | Van Eck, B.P.S. |
| author_browse | Van Eck, B.P.S. |
| author_facet | Van Eck, B.P.S. |
| collection | Thesis |
| dc_rights_str_mv | © 2021 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 (MSc)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/97318 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:55.449Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:2263/97318 An appraisal of the revival of workplace forums and employee participation in South Africa Van Eck, B.P.S. lemuelmokwena106@gmail.com Mokwena, Lemuel UCTD Workplace Adversarialism Production Forums Distributive Mini Dissertation (MSc)--University of Pretoria, 2019. The adversarial nature of labour relations in South Africa has been an artefact of the conflictual and discriminatory employment relations system which existed prior to the adoption of constitutionalism. The Ministerial Task Team, responsible for the drafting of the Labour Relations Act 66 of 1995 envisaged a move away from adversarial labour relations, to an employment relation based on corporatism and mutual trust between organised labour and employers through the establishment of workplace forums. The envisaged objective of utilising workplace forums as a secondary channel of participation at the level of the undertaking to ensure efficiencies and legitimacy of rules and regulations binding employees at the workplace has not come to bear. The legitimacy of facilitating a secondary channel of participation at the level of the undertaking comes from a backdrop of the disintegration of orderly collective bargaining which the Labour Relations Act aims to achieve. This dissertation undertakes a comparative assessment of the operation of works councils in Germany, specifically the independence of works councils within the German labour relations system. This study argues that the adoption of majoritarianism in the employment relations framework has, over the last 24 years since the enactment of the Labour Relations Act, rendered the workplace forum a “dead duck” in the regulation of the employment relationship in South Africa. It is submitted that chapter 5 of the Labour Relations Act, regulating the establishment and operation of workplace forums, requires reform in order to facilitate a successful secondary channel of participation at plant level. This dissertation recommends that workplace forums should be revived, though collective bargaining is the preferred method of addressing terms and conditions of employment. Mercantile Law LLM Unrestricted 2024-07-30T07:44:37Z 2024-07-30T07:44:37Z 2020 2019-09 Mini Dissertation * A2020 http://hdl.handle.net/2263/97318 en © 2021 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 Workplace Adversarialism Production Forums Distributive An appraisal of the revival of workplace forums and employee participation in South Africa |
| title | An appraisal of the revival of workplace forums and employee participation in
South Africa |
| title_full | An appraisal of the revival of workplace forums and employee participation in
South Africa |
| title_fullStr | An appraisal of the revival of workplace forums and employee participation in
South Africa |
| title_full_unstemmed | An appraisal of the revival of workplace forums and employee participation in
South Africa |
| title_short | An appraisal of the revival of workplace forums and employee participation in
South Africa |
| title_sort | appraisal of the revival of workplace forums and employee participation in south africa |
| topic | UCTD Workplace Adversarialism Production Forums Distributive |
| url | http://hdl.handle.net/2263/97318 |