BARGAINING IN BAD FAITH IN SOUTH AFRICAN LABOUR LAW: AN ANTIDOTE?

Authors

  • Fiona Leppan
  • Avinash Govindjee
  • Ben Cripps

DOI:

https://doi.org/10.17159/obiter.v37i3.11515

Keywords:

good-faith, bargaining, labour unrest, duty, bargain in good faith, collective bargaining

Abstract

While good-faith bargaining is recognized in many overseas jurisdictions and by the International Labour Organisation, such a duty has not been incorporated in South African labour legislation. Given the many recent examples of labour unrest in South Africa, it is time to consider whether there should be a duty to bargain in good faith when taking part in collective bargaining. Recognizing such a duty would arguably benefit both employers and employees and South Africa as a whole.

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Published

20-12-2016

How to Cite

Fiona Leppan, Avinash Govindjee, & Ben Cripps. (2016). BARGAINING IN BAD FAITH IN SOUTH AFRICAN LABOUR LAW: AN ANTIDOTE?. Obiter, 37(3). https://doi.org/10.17159/obiter.v37i3.11515

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