Revisiting the definition concept of workplace in the Labour Relations Act and the impace thereof towards minority trade unions

Abstract

The right to freedom of association is the cornerstone of collective bargaining. It is a precondition for the realisation of a number of other rights, including the right to organise, to engage in collective bargaining and to strike. These rights as contained in the Bill of Rights though not absolute and may be limited in terms of the Constitution of the Republic of South Africa in terms of a law of general application, such limitations must be reasonable and justifiable. South African courts have an obligation to interpret labour provisions in accordance with international law and customs. This paper examines whether settlement definition of ‘workplace’ can be regarded as a reasonable and justifiable limitation to the right to strike within the ambits of internationally and constitutionally acceptable labour norms.