Labour Relations

Advanced Labour Relations

Assignment 1 – Constitution, Labour Law and Contract of Employment

By

VARUNA MAHARAJ

STUDENT NUMBER: 214250393

NOMHLE NTSASA

STUDENT NUMBER: 214250350

ANRI SCHOLTZ

STUDENT NUMBER: 214250385

Submitted in partial fulfilment of the requirements for the degree

B-TECH

IN THE DISCIPLINE

Human Resource Management

In the Faculty of

MANAGEMENT SCIENCES

At the

VAAL UNIVERSITY OF TECHNOLOGY

LECTOR: Dr. A. Ntisa

Date: 8 March 2016

Contents

1. Introduction 1

2. The role of constitutional rights in the day to day practical application of labour law and whether employees may rely directly on an infringement of constitutional rights in dispute 1

3. When employees are entitled to rely on an infringement of contractual rights, and the tribunals with jurisdiction of such case 2

4. The scope of application of fair dismissal, fair labour practices, non-unfair discrimination and the limits of the scope of application 3

5. The remedies for an infringement of contractual rights and an infringement of statutory rights 4

6. The factors to be taken into consideration when deciding whether to pursue contractual or statutory remedies 5

7. Course of action available to Disharmony Mining Company Limited, legal remedies to be taken into consideration and the forum to approach 6

8. Conclusion 9

REFERENCES 10

1. Introduction

Labour law governs the connotation amid personnel (employees), employers, trade unions and the government (Wikipedia 2013:1). This will ensure fair labour practices, the role of constitutional rights in the day to day practical application will be studied to determine if employees may rely on an infringement of constitutional rights in dispute and should an employee be entitled to rely on an infringement of contractual rights and the tribunal with jurisdiction of such case.

The scope of application of fair dismissal, fair labour practices, non-unfair discrimination...