The Right to Strike - Is it an effective component in regulating the South African labour market?

Abstract

This research paper presents an analysis of the right to strike in South Africa. It starts by providing a historical overview of labour relations in South Africa and the development of the right to strike. The discussion includes a look at the link between collective bargaining and the right to strike as promoted in the Constitution of 1996 and the Labour Relations Act of 1995. The relevance of International Law found in the International Labour Organisation's Recommendations and Conventions and relevant United Nations Conventions is also explored. As part of this analysis, is a critical look into how the courts have adjudicated the dismissals of strikers in granting the necessary relief, in terms of the old Labour Relations Act of 1956 and the new Labour Relations Act of 1995. Commentaries made on the right to strike and statistics of strikes in confirming that the right to strike is indeed a necessary component of labour market regulation are also provided