The constitutional right to fair labour practices: a consideration of the influence and continued importance of the historical regulation of (un)fair labour practices pre-1977 (original) (raw)

Constitutional right to fair labour practices; historical development; common law's influence on development; common law's continued importance on * Lecturer, Department of Mercantile Law, Faculty of Law, University of the Free State. Parts of this article are based on sections (especially from ch 2) of the author's LLM dissertation A Critical Analysis of the Right to Fair Labour Practices (University of the Free State, 2013). The author would like to thank Prof JV du Plessis for his valuable comments and guidance as the supervisor of this study. A special word of thanks to Ms Hesma van Tonder (UFS), Ms Lydia Creamer (Johannesburg Bar) and Mr Tom Schuman (Parliamentary Library) in assisting my acquisition of necessary materials.