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1-Difficulties and Limitations of the Study
The most obvious limitation in this research is the application of a comparative approach. One should be mindful of following other legal systems without having recourse to the contexts within which they fit. Different legislation might have different underlying policies and objectives, and national socio-economic circumstances might differ. Comparisons with developed, industrialised countries were undertaken.
2-Government Labour Policy
The government’s social and economic policy is the basis of the labour law dispensation.3 At the outset it is of primary relevance to ascertain the labour policy of the government of the day.
3-Levels of Bargaining in Foreign Countries
Differences in the collective bargaining systems of various countries have generally been determined by historical experience especially flowing from the effects of industrialisation.
4-Requirement of Representativeness
Where there is more than one trade union that wishes to bargain collectively with an employer, the question arises as to which trade union the employer shouldbargain with.
5-Employer Animosity Towards Trade Unions
Employer opposition toward trade unions has often been cited as one of the factors contributing to union decline.32 As is generally known, the period of greatest union growth in South Africa was experienced during the most vehement employer opposition.
6-The Present Situation
The Department of Labour has identified a trend in establishing trade unions more for the purpose of being represented during dispute hearings than for collective bargaining.
CHAPTER 1
| A | Contextual Background |
| 1 | General |
2 Historical Development up till 1994
| 3 | Position since 1994 |
| B C D E F |
Aim of the study Importance of the Topic Modus Operandi Overview of the Chapters Difficulties and Limitations of the Study |
CHAPTER 2
| A B C D E |
Introduction Concept of Labour Law The Protective View The Market View The Four Stages of Human Society |
| 1 | Introduction |
2 The Hunter-Gatherer Era
3 The Agricultural Era
4 The Industrial Era
| 5 | The Information Era |
| F G H |
The View of Otto Kahn-Freund The View of Davis Other Views of Importance |
1 Mischke and Garbers
2 Van Wyk
3 Brassey
4 Du Toit
5 Grogan
I Conclusion
CHAPTER 3
| A | Introduction |
| B | Government Labour Policy |
| C | The Labour Relations Act |
1 Objectives of the LRA
2 Freedom of Association
3 Organisational Rights
4 Forums for Collective Bargaining
5 Collective Bargaining Through Industrial Action
D Conclusion
