Picketing in terms of the Labour Relations Act 66 of 1995
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Authors
Leysath, Lindon Clifford
Issue Date
1997-11
Type
Language
Keywords
Definition of picketing , Common law picketing , Picketing in terms of Constitution , Circumstance in which picket is allowed , Persons affected by picket , Persons allowed to picket , Place of picket , Manner of picket , Resolution of disputes about picketing , Legal protection
Alternative Title
Abstract
Picketing, a method used by employees, collectively, to assert their demands against
employers, is a controversial subject arising from the conflict of interest existing between
labour and employers!
Previously, South African law neither forbade nor regulated picketing. Consequently,
no immunity from civil liability existed in relation to a person's conduct during a picket.
Presently, picketing is regulated by section 17 of the Constitution of the Republic of
South Africa Act 108of19% (right to picket) and section 69 of the Labour Relations Act
66 of 1995, which provides for a protected picket (one that complies with the
requirements of section 69) whereby immunity from civil liability attaches to a person's
conduct during a picket. These provisions and their coexistence is examined, comparing
foreign law where relevant, in an attempt to provide a foundation for a topic relatively
disregarded. Section 69 reveals elements of uncertainty and vagueness.
Description
Citation
Leysath, Lindon Clifford (1997) Picketing in terms of the Labour Relations Act 66 of 1995, University of South Africa, Pretoria, <http://hdl.handle.net/10500/17211>