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Section 186(2) of the Labour Relations Act 1995 defines an "unfair labour practice" as "an unfair act or omission that arises between an employer and an employee," and involves unfair conduct by the employer relating to the promotion, demotion, probation or training of an employee, or relating to the provision of benefits to an employee;
National legislation must be enacted to prevent or prohibit unfair discrimination. (5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.
The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995 , and has a status similar to that of a division of the High Court .
Act to give effect to section 9 read with item 23 (1) of Schedule 6 to the Constitution of the Republic of South Africa, 1996, so as to prevent and prohibit unfair discrimination and harassment; to promote equality and eliminate unfair discrimination; to prevent and prohibit hate speech; and to provide for matters connected therewith.
Minister of Finance and Another v Van Heerden is a landmark decision of the Constitutional Court of South Africa on the constitutionality of affirmative action.Delivered in July 2004, it marked the court's first application of the affirmative action clause in section 9(2) of the Bill of Rights.
Kylie challenged the CCMA's decision in the Labour Court of South Africa, where she was represented by Wim Trengove. [1] On 31 July 2008 in Cape Town, Acting Judge Halton Cheadle dismissed her suit. Cheadle held that the Labour Relations Act cannot be read to grant sex workers an enforceable statutory right to a fair dismissal. [3]
The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1997, the Constitution has been amended by eighteen amendments. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996."
South Africa's municipalities may, in terms of the Constitution of the Republic of South Africa, 1996, make by-laws for the effective administration of the matters it has a right to administer. The areas within which a municipality may make by-laws are listed in Schedule 4 Part B, and Schedule 5 Part B, of the Constitution.