The right to strike and replacement labour : South African practice viewed from an international law perspective

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Authors

Kujinga, Benjamin T.
Van Eck, B.P.S. (Stefan)

Journal Title

Journal ISSN

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Publisher

Academy of Science of South Africa

Abstract

South Africa is a member of the International Labour Organisation (hereafter the ILO), an establishment that sets international labour law standards through its conventions, recommendations and expert supervisory committees. Also, South African courts have an obligation to interpret labour provisions in accordance with international law and customs. This paper examines whether by way of the Labour Relations Act of 1995 (hereafter the LRA) the current regulation of both the right to strike and the use of replacement labour during strikes falls within the ambits of internationally and constitutionally acceptable labour norms.

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Keywords

Labour law, Replacement labour, Right to strike, International Labour Organisation (ILO)

Sustainable Development Goals

Citation

Kujinga T and Van Eck S "The Right to Strike and Replacement Labour: South African Practice Viewed from an International Law Perspective" PER / PELJ 2018(21) - DOI http://dx.DOI.org/10.17159/1727-3781/2018/v21i0a4413.