South African Labour Research Articles

Preparing graduates for the job market: A strength-based skill development approach

Orientation: The lack of skills, such as communication and teamwork among graduates, is a major concern for employers. Graduates should prioritise developing skills in demand for the evolving job market.Research purpose: The purpose of the study was to explore the impressions of graduates regarding the skills they need to enter the job market and to develop and present a strength-based skills training programme for graduates in the South African labour market.Motivation for the study: Graduates can be equipped through a strength-based approach, which could assist them in applying their strengths to find employment in the South African labour market.Research design/approach and method: A qualitative research approach with a social constructivism paradigm was used. The participants were unemployed graduates, with a sample size of N = 10. Data was collected by using qualitative surveys captured on the QuestionPro platform. Thematic analysis was used to analyse the data.Main findings: The findings highlight the challenges faced by unemployed graduates. The participants reported feeling empowered by the training programme, helping them recognise and utilise their skills and strengths.Practical/managerial implications: The study highlighted that a strength-based training program for unemployed graduates could enhance the skills necessary for employment, such as self-awareness and emotional intelligence. A comprehensive understanding of the barriers to decent work is crucial for developing interventions to equip graduates for the labour market.Contribution/value-add: This research provides a basis for training and developing unemployed graduates from a strength-based perspective.

Barriers and Challenges Faced by Women Shop Stewards in Two Major South African Trade Unions

There are fewer women shop stewards than men shop stewards in South Africa, which can be attributed to existing barriers and challenges. A need arose to investigate these obstacles. The study was qualitative and exploratory. Two themes emerged from the interviews we conducted, each with various sub-themes. The findings revealed barriers such as existing relationships, lack of nomination and not being elected if nominated as well as challenges such as the negative perception of women’s emotionality and a desire to become mothers, a general lack of support and victimisation. These barriers and challenges make it difficult for women to become shop stewards and, if they do, to be effective. According to South African labour legislation, equality should be encouraged in all roles. Women should be motivated to become shop stewards and offered support, not only by the trade unions through policies such as reserved seats for women in union leadership, women-only conferences and workshops and the funding of women’s initiatives, but also by employers, fellow women members and society. This study provides valuable information for industrial relations in South Africa and worldwide.

A human resource professional perspective of strategies to accommodate employees with mental health conditions in the workplace in South Africa.

The South African Labour Relations Act, specifically the Code of Good Practice (CGP) advocates against the discrimination and unfair dismissal of individuals with mental health conditions in the workplace. However, little is known about the implementation of these national policies within the workplace, especially from the perspective of the employer rather than the employee. The aim of this study was to explore the experiences and perceptions of how human resource practitioners accommodate and support individuals with mental health conditions in the workplace. Eleven participants (Human Resource Professionals) participated in the study. The researchers utilized semi-structured interviews where the data was analysed by means of thematic analysis to formulate themes. Three themes emerged depicting the participants' experiences and perceptions of barriers and facilitators which influenced their return to work: The themes that emerged through thematic analysis consisted of 1) Challenges perceived by Human Resource personnel that influences work participation; 2) The influence that workplace accommodations and support structures have on the work participation; 3) The prevalence of policies and laws that are available in theworkplace. The study highlighted that Human Resource Professionals struggle to interpret and implement labor related polices that aid in employing individuals with mental health conditions in the workplace. It is important to implement strategies that will assist Human Resource practitioners in understanding how to implement such policies to successfully accommodate individuals with mental health conditions in the workplace.

Types of shop stewards in a South African higher education institution and their varying challenges

ABSTRACT The main role of shop stewards, whether part-time or full-time, is to act as workplace representatives for trade unions. However, they face several challenges while fulfilling their roles, more specifically shop stewards in the higher education sector due to marginalisation and politicisation in the sector. This study employs qualitative research methods to explore these challenges and proposes effective solutions for shop stewards. The study involved interviews with 15 shop stewards from a higher education organisation. After analysing the data, the findings revealed that part-time shop stewards get challenged by role overload and face the risk of career suicide. On the other hand, full-time shop stewards are challenged by the prolonged working hours. Similarly, both types of shop stewards experience work-family and interpersonal conflicts. South African labour legislation needs to be relooked at to accommodate the dual roles of part-time shop stewards and reduce the hostility they encounter from line managers or employers. Moreover, shop stewards need to develop on self-and others’ awareness skills, and create own awareness with workplace policies so that they carefully navigate between their two roles without any major ramifications like disciplinary hearings. These findings provide new information on shop stewards challenges by type in the higher education sector.

Labour market trends in South Africa in 2009–19: A lost decade?

ABSTRACT While the South African labour market showed some signs of improvement in the 2000s with unemployment rate gradually dropping to as low as 22.7% at the end of 2007, things unfortunately turned downhill in 2009–19 (sometimes referred to as the ‘lost decade’). Using the 2009 and 2019 Quarterly Labour Force Survey data, this study derived descriptive statistical estimates on labour force, employment and unemployment; the empirical findings suggested strongly that patterns in the labour market outcomes deteriorated during this decade. Unemployed individuals were largely black Africans and concentrated amongst the less educated individuals. They remained out of work for longer and, on average, spent more time seeking employment. The data also indicated the presence of hysteresis in unemployment. Key ameliorating policies in this scenario are skills development and structural reform in the labour market. The former is difficult to achieve, even in the long-term, while the latter is politically challenging.

A CRITICAL REVIEW OF LABOUR COMMISSIONERS' DILEMMAS WHEN DEALING WITH WORKPLACE DISPUTES IN SOUTH AFRICA

Purpose: The overarching purpose of the study is to review the existing literature on the immense challenges faced by South African labour commissioners when dealing with labour disputes. Upholding decent work is indispensable to dispel injustice and poor working conditions at the workplace. Theoretical reference: It is one of the key sustainable development goals the United Nations sets in which South Africa is a member state. Labour commissioners of the Commission for Conciliation, Mediation and Arbitration in South Africa play an integral role in accomplishing decent work through adjudicating labour disputes between employees and employers. Method: The study adopted a systematic review method. The study extensively reviewed the available literature, which include published research articles, conference papers, reports and policy documents over the period 2012–2022 from Scopus, Web of Science, Google Scholar and ScienceDirect databases. Results and Conclusion: The study found unparalleled challenges, which include illiteracy and poor level of education among the complainants, mounting reported labour caseload, increase in labour matter reviews, re-filing of cases dealt with due to unimplemented awards, poor access to training of the commissioners, among others. Implications of research: The study provides critical policy implications to address labour commissioners' challenges in South Africa. The management must also ensure that the complainants have access to adequate technology whenever they contemplate conducting their dispute resolution process via digital platforms. Originality/value: However, despite labour commissioners facing challenges linked to their work, which compromise their ability to discharge their duties effectively, studies have yet to be conducted to specifically examine the challenges faced by labour commissioners in South Africa.

A Delicate Balancing Act: Does the Majoritarianism Approach in South African Labour Law Infringe the Right to Freedom of Association?

A Delicate Balancing Act: Does the Majoritarianism Approach in South African Labour Law Infringe the Right to Freedom of Association?

Dignity and the Purpose of Labour Law

The article advances the notion in the context of South African labour law that the purpose of labour law is to protect the human dignity of employees. In doing so, it deviates from the accepted idea that the purpose of labour law in South Africa is to restrict the power of employers to impose their will in the employment relationship so that employees are treated fairly. Dignity is furthermore integrated and conceptualised in a manner that enhances its substantive use in labour law. This is achieved by adjusting the test for fairness of labour practices and by presenting a dignity framework. The framework consists of two dignity models: the ‘same-kind dignity model’ and the ‘self-fulfilment dignity model’. The framework furthermore harnesses the social justice rules that are applied in South African labour law to resolve the perceived tension between individualistic and communitarian facets of dignity.

Dignity and the Purpose of Labour Law

The article advances the notion in the context of South African labour law that the purpose of labour law is to protect the human dignity of employees. In doing so, it deviates from the accepted idea that the purpose of labour law in South Africa is to restrict the power of employers to impose their will in the employment relationship so that employees are treated fairly. Dignity is furthermore integrated and conceptualised in a manner that enhances its substantive use in labour law. This is achieved by adjusting the test for fairness of labour practices and by presenting a dignity framework. The framework consists of two dignity models: the ‘same-kind dignity model’ and the ‘self-fulfilment dignity model’. The framework furthermore harnesses the social justice rules that are applied in South African labour law to resolve the perceived tension between individualistic and communitarian facets of dignity.

The employment status of uber drivers

South African labour law draws a distinction between employees, who dedicate their full-time endeavours to the service of a particular employer, and independent contractors, who perform specific projects for a customer. Employees enjoy a wide range of statutory rights such as the right to not be unfairly dismissed, but such protection does not extend to independent contractors. In the advent of the digital era, many people have turned to online platforms to secure their incomes. For example, some have turned to the Uber platform to drive customers seeking transport by means of the Uber application. Such drivers are, in terms of our law, not regarded as employees of Uber, but as independent contractors and are thereby precluded from the statutory protection which extends to employees. This position is demonstrated by an analysis of Uber South Africa Technology Services (Pty) Ltd v NUPSAW & Others (C449/17) [2018] ZALCCT 6. This case is further compared to a similar decision in the United Kingdom, Uber BV and Others v Aslam and Others [2021] UKSC 5, where protection was afforded to the Uber drivers. Suggestions are made for legal reform, in order to align the prevailing position in South Africa with the approach in the United Kingdom, thereby extending legal protection as employees to uber drivers.

Sorting the Gender Earnings Gap: Heterogeneity in the South African Labor Market

This study explores inequality among Africans in the South African labor market by investigating heterogeneity in the gender earnings gap. The article adds to the existing literature by applying an innovative sorting method, which provides a complete mapping of heterogeneity in the gender earnings gap, ordering the full distribution of the partial effects from largest to smallest with respect to the underlying characteristics of the population of interest. This makes it possible to identify the extent of the dispersion in earnings inequality as well as those characteristics that are associated with very large, as well as very small (or even reversed), gender gaps in earnings. The study also compares heterogeneity in the hourly and monthly gender earnings gap to assess how adjusting for working hours affects the correlates of earnings inequality. HIGHLIGHTS There is significant heterogeneity in the size of the gender earnings gap in South Africa. This is illustrated using a technique that maps the full distribution of earnings differences. Marriage, children, and geography are important sources of heterogeneity. There is more heterogeneity in the monthly, than hourly, gender earnings gap.

Evaluating the Role of Judicial Oversight in the Context of the Post-2018 Emolument Attachment Order Legal Frame

Historically, mechanisms facilitating civil debt collection and its broader discipline of civil procedure have been an unpopular legal research area, not only in South Africa, but also abroad.[1] In recent years, one civil debt collection mechanism has, however, attracted some academic attention.[2] This attention has resulted from relatively rapid legal developments to counteract widespread debtor exploitation resulting from systemic abuses.[3] The emolument attachment order (hereafter, “EAO”) mechanism, sometimes also referred to as garnishee orders,[4] functions as a civil debt collection instrument, usually following the granting of a default judgment,[5] where the debtors are judged to be legally liable to their creditor.[6] Through the application of EAOs, debtors’ property, specifically their wages, are exposed to execution, in order to satisfy the creditors’ expectations of performance. In this manner, a portion of workers’ wages are withheld from them by the debtors’ employers (the garnishees) after being legally requested or reserved by creditors. The EAO mechanism is a popular debt-collection instrument affecting the lives of potentially millions of people.[7] Creditors favour debt collection through the EAO mechanism, as it offers a relatively convenient and secure form of debt enforcement.[8]
 
 [1] De Vos 2002:236-237.
 [2] See, for example, Coetzee & Van Sittert 2018; Van der Merwe 2019.
 [3] Van der Merwe 2019:87-90.
 [4] There is a slight, but important difference between garnishee orders, a term used to describe an order that empowers the creditor to attach any debt owed to the debtor by any third party, and EAOs, which are specific forms of garnishee orders applicable to the employer-employee relationship. See Van der Merwe 2019:78.
 [5] Van der Merwe 2008:78.
 [6] The definition of EAOs is apparent from their function, which is explained in sec. 65J(1)(b) of the Magistrates’ Courts Act 32/1944.
 [7] As far as the author can ascertain, there are no statistics available on the exact number of EAOs currently in circulation. Haupt et al. 2008:85-104 experienced a similar challenge and relied on estimates to provide some indication of the extent of EAO use at the time. The author’s estimation of the number of lives affected by EAOs, including extended family members, is aligned with available data regarding the extreme scale of South African indebtedness (see, for example, Coetzee & Van Sittert 2018:110) and earlier indications of the prevalence of EAOs in circulation. See, for example, Van der Merwe 2019:80 at fn. 26, referring to an audit of a portion of the 1,75 million EAOs in existence in 2007.
 [8] South African labour laws are relatively protective of employees and EAO debtors are specifically safeguarded from employer retaliation as a result of EAO deductions. See Smit & Van Eck 2010:47, 65-66. In terms of sec. 185 of the Labour Relations Act 66/1995, every employee has the right not to be unfairly dismissed.

“An Exercise in the Art of the Possible”: Waging a Battle Against Apartheid in the South African Workplace

The Wiehahn Commission, a government body that proposed a multipronged 1979 South African labor reform, accelerated the corporate recognition of Black trade unions in apartheid era South Africa. Gradually implemented over the course of two years, the reforms complemented international workplace codes and the burgeoning reformist push for ethically sound business practices in the workplace. Although U.S. multinational firms in South Africa did not initially voice support for Black trade unions, in the aftermath of Soweto, many were faced with cascading internal and external pressures to negotiate with these emerging unions. By incorporating the Sullivan Principles, a U.S. code for ethical business conduct, into the broader scholarship on the South African trade union movement and the late apartheid era Wiehahn Commission reforms, this article examines how corporate reforms landed in South Africa, probing the business response to worker demands. South African workers were not merely passive recipients of workplace reform, but rather active participants, shaping the form and direction of U.S. and South African policy.

The Politics of the Right to Strike in Zimbabwe since the Advent of the New Constitution in 2013

The year 2013 was important in the history of labour relations in Zimbabwe as it ushered in the country’s Constitution which introduced labour rights under its Declaration of Rights. The article discusses constitutional protection of the right to strike under section 65 of the Constitution of Zimbabwe. It further explores this constitutional right to strike and its effect on both private-sector and public-sector employees. Further, it discusses the scope of the right to strike in terms of the Labour Act, which largely applies to private-sector employees. This is because Zimbabwe has a two-tier labour relations system consisting of private-sector and public-sector employees. Public-sector employees derive their right to strike directly from the Constitution. To put the right to strike into its proper context, international standards on this right are briefly discussed. Important lessons are also drawn from South African labour law and practice since South African constitutional provisions on the right to strike are almost similar to those of Zimbabwe. The article then proceeds to highlight how the right to strike has been linked or can be used in some instances to fulfil political objectives. It also highlights how the State may view the right to strike with suspicion. Finally, recommendations are made on how the right to strike can be improved in both law and practice so that it fulfils its intended objectives of achieving better working conditions for employees at the workplace.

Examining the South African labour market during the COVID-19 lockdown period

ABSTRACT This study analysed the 2020 first quarter to 2022 second quarter waves of the Quarterly Labour Force Survey (QLFS) data and all five waves (2020–21) of the National Income Dynamics Study – Coronavirus Rapid Mobile Survey (NIDS-CRAM) data to examine the South African labour market outcomes during the COVID-19 lockdown period. The QLFS data showed that low-educated Africans aged 25–44 years and those involved in low skilled occupation categories were most vulnerable to job loss. The NIDS-CRAM data indicated that for those who still worked in February 2020, 51% worked all five waves, 14% worked in four waves and 9% worked in three waves. Only 0.5% and 1.8% turned out to be unemployed and inactive in all waves, respectively. For the February 2020 employed who lost their jobs and became unemployed in April 2020 (wave 1), 60% of them worked again but 22% remained unemployed in March 2021 (wave 5).

Precarious Work and the Gendered Individualisation of Risk in the South African Manufacturing Sector, 2002–2017

Against the backdrop of workplace restructuring globally, post-apartheid South Africa is experiencing consistently high levels of unemployment, the deterioration of employment security and limited improvements in earnings. This article investigates the changing nature of labour-intensive production in the South African labour market and the gendered individualisation of risk associated with precarious or non-standard forms of employment. The article expands on the critical theoretical narrative about the challenges of labour under neo-liberalism by applying a gendered political economy analysis to the experiences of precariousness among workers in the South African manufacturing sector. By focusing on the interconnections between gender and political economy, this article delinks questions about the crisis of labour from a narrow focus on skills and refocuses our understanding in terms of the structural determinants of vulnerabilities in the labour market. The article argues that the gender composition of informal and precarious work in the post-apartheid labour market has significant implications for addressing the persistent racialised and gendered inequalities in the South African economy. KEYWORDS: labour market restructuring; informal employment; precarious work; gender JEL CLASSIFICATION: J21; J30; J71; J80

JUDICIAL SCRUTINY OF DERIVATIVE MISCONDUCT IN SOUTH AFRICAN EMPLOYMENT LAW: A CAREFUL APPROACH TO THE DUTY TO SPEAK

The concept of derivative misconduct has in the past come to the aid of employers in disciplining employees who are reticent about disclosing information that would support the prosecution of an offence. Though dismissal based on derivative misconduct is designed to target the perpetrators of the original misconduct, the justification is wide enough to encompass those innocent of it, but who through their silence make themselves guilty of a derivative violation of trust and confidence. In applying the concept of derivative misconduct, South African labour courts have placed too much emphasis on the unilateral duty of good faith owed by the employee to the employer rather than the reciprocal nature of the duty and the true realities of South African industrial relations. The ground-breaking judgment of the Constitutional Court in National Union of Metalworkers of South Africa (NUMSA) obo Nganezi v Dunlop Mixing and Technical Services (Pty) Limited (2019) 40 ILJ 1957 (CC) crafted significant principles in relation to the application of derivative misconduct within the context of collective bargaining. This article seeks a critical unpacking of the legal quagmire, which has not been fully addressed by the Constitutional Court, and to provide a way forward that may be adopted by employers to promote a spirit of fairness in the employment relationship.

The Right to Freedom of Association for Public and Private Sector Employees in Zimbabwe in the Context of International Labour Organisation Standards

This article deals with the right of employees to freedom of association in Zimbabwe. It adopts a comparative analysis with the International Labour Organisation’s (ILO) standards on freedom of association. In order to achieve this, lessons are drawn from South African labour law and practice since Zimbabwe’s constitutional provisions on freedom of association are similar to those of South Africa. It begins by discussing important sources of the right to freedom of association under the ILO framework which includes relevant Conventions. Zimbabwe adopted a new constitution in 2013 which incorporates the right of employees to freedom of association and all its components under the Declaration of Rights. This is a significant point of departure in analysing the extent to which Zimbabwe complies with its ILO obligations on freedom of association. The constitution applies to both public and private sector employees. However, pieces of legislation which give effect to the constitutional right to freedom of association create a two-tier labour relations system where public sector employees have different laws which govern them. On the other hand, private sector employees fall under the Labour Act. This necessitates a separate consideration of the key provisions which have a direct impact on the enjoyment of the right of employees to freedom of association in Zimbabwe in order to test their constitutionality.

Governing policies and factors affecting the labor market integration of female accompanying spouses.

This study sought to ascertain the macro governing policies and factors that influence the integration of female accompanying spouses in the Free State, into the South African labor market. Utilizing a qualitative approach, thirteen one-on-one interviews, consisting of an initial purposive sample and a subsequent snowball sample, were conducted for data gathering. The study employed thematic analysis to interpret the data. The findings revealed that governing policies emerging from South Africa's migration legislation, and factors such as spouse dependence, reinforcement of traditional gender roles, and restrictive employment legislation which forced deskilling of qualifications, mainly impacted the conduct of accompanying spouses concerning the labor market. This study contributes to the literature on labor market integration (LMI) from an underexplored South-to-South standpoint by delving into the experiences of skilled female migrants in the family migration setting. A neglected facet of Michel Foucault's governmentality theory was used to investigate the labor market assimilation needs of female accompanying spouses. The study's qualitative approach renders the findings much less generalizable than a quantitative inquiry. It is important to note that LMI research is considerably setting-specific, despite some aspects of this study being applicable to other settings in the Global South. South Africa continues to be a pivotal regional hub for migration in the Global South, yet it has a complex migration governance framework that sets up a specific, while broadly exclusionary, macro context for accompanying spouses. This study zones in on issues that could inform more effective family migration policy.

WHY SHOULD THE STATE INTERVENE IN THE LABOUR MARKET: THE CASE OF SOUTH AFRICA

Labour remains at the centre of political, social, and economic discourse in South Africa. Two broad perspectives dominate the political discourse as to why the state should intervene in the labour market. The first is the laissez-faire, free-market model,and the second, known as ‘social justice’ –a concept generallyused to justify government intervention and the distribution of resources –is a perspective that stresses the need for social justice in the workplace in a variety of ways. This article explores which of these views will best protect workers –referred to in the context of the inadequacy of the contract as a mechanism to regulate the employment relationship –in an ever-changing South African labour market characterised by poverty, unemployment, inequality, the growth of the informal economy, an inflow of migrants, the digitalisation of the economy, and the impact of the Covid-19 pandemic. The author concludes by supporting the view that upholds social justice in the workplace.