Abstract
Section 23 of the Constitution provides that '[e]veryone shall have the right to fair labour practices'. 'Fair labour practices' are not defined in the Constitution and this intentionally flexible concept, which is intended to accommodate and balance the evolving rights and interests of employers and employees, takes its shape from the labour legislation, the common law contract of employment and constitutional interpretation. The price to pay for flexibility is uncertainty and as a result many questions have been raised as to the meaning and scope of fair labour practices and the appropriate forum for their determination. In National Entitled Workers' Union (NEWU) v CCMA the Labour Court addresses these questions through a consideration of the ambit of 'fair labour practices' as contemplated by the Constitution.
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