Fair Labour Practices in South African Insolvency Law
121 S. African L.J. 902 (2004)
24 Pages Posted: 26 Feb 2018
Date Written: 2004
The South African Constitution provides that ‘everyone has the right to fair labour practices’. The term ‘fair labour practice’ is not defined in the Constitution, yet this fundamental right encompasses far more than is expressed in the narrow definition of the term in the Labour Relations Act 66 of 1995 (LRA). While labour lawyers may instinctively grasp the concept of the right to fair labour practices without necessarily being provided with a comprehensive description of the right, insolvency practitioners may wonder what precisely this broad right entails, particularly in the context of an employer’s insolvency.
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