Labour Relations Act, 1956

Labour Relations Act, 1956
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Title	Labour Relations Act, 1956
Enacted by	Parliament of South Africa
Citation	1956
Territorial extent	South Africa
Status	repealed

Labour Relations Act, 1956 was a statute enacted in 1956 by the Parliament of South Africa to regulate relations between employers, employees, and trade unions. The Act formed part of a legal framework alongside statutes such as the Industrial Conciliation Act, 1956, the Native Labour Act, and later interacted with judgments from the Appellate Division (South Africa), the Constitutional Court of South Africa, and decisions of the Labour Appeal Court (South Africa). It influenced institutions including the Labour Court (South Africa), the Commission for Conciliation, Mediation and Arbitration (CCMA), and practices in industries represented by federations like the Federation of South African Trade Unions and the National Union of Mineworkers.

Background and Legislative Context

The Act emerged during the era of Apartheid legislation alongside measures such as the Group Areas Act 1950, the Population Registration Act 1950, and the Industrial Conciliation Act, 1956, reflecting pressures from employers represented by the South African Chamber of Mines, the Federation of South African Employers, and labour organizations like the South African Congress of Trade Unions. Influences cited at the time included precedents from the United Kingdom, decisions in the Industrial Court of Australia, and reports by commissions such as the Tomlinson Commission and inquiries modelled on procedures from the International Labour Organization. Political context involved actors like the National Party (South Africa), the United Party (South Africa), and trade union leaders associated with the African National Congress and the South African Communist Party.

Key Provisions and Definitions

The Act defined terms familiar to statutes and cases such as "employer", "employee", "trade union", and "employer organisation" and established registration and recognition procedures similar to schemes in the Industrial Conciliation Act, 1956 and the Labour Relations Act, 1995 (South Africa). It provided for bargaining units, bargaining councils, and the legal status of registered entities influenced by models seen in the British Trade Union and Labour Relations Act 1946 and policies debated in the United Nations and at International Labour Organization conferences. Definitions shaped litigation in courts like the Supreme Court of Appeal (South Africa) and were tested in disputes involving parties such as the South African Railways and Harbours Administration, the Mining Industry Council, and municipal employers.

Trade Unions and Collective Bargaining

The Act regulated union registration, rights of representation, and recognition procedures affecting unions including the Transport and Allied Workers Union, the Clerical and Allied Workers' Union, and federations like the Congress of South African Trade Unions. It provided mechanisms for collective bargaining similar to arrangements in the Bantustan administrations and encouraged sectoral bargaining in industries represented by the National Union of Metalworkers of South Africa and the Retail and Allied Workers' Union. Provisions intersected with decisions by labour arbitrators influenced by practice in the United Kingdom and cases involving organisations such as the South African Municipal Workers' Union.

Dispute Resolution and Industrial Action

Mechanisms for dispute resolution under the Act included negotiation, conciliation, and arbitration administered by bodies modelled on the Conciliation Board concept and later mirrored in the Commission for Conciliation, Mediation and Arbitration (CCMA). The statute set out conditions under which industrial action such as strikes and lock-outs could occur, affecting cases involving employers like the Chamber of Mines and unions such as the National Union of Mineworkers. Judicial review of industrial action under the Act was pursued in forums including the Appellate Division (South Africa) and the Labour Appeal Court (South Africa), with parallel influence from international jurisprudence like that of the European Court of Human Rights on labour rights.

Enforcement, Penalties and Compliance

Enforcement mechanisms in the Act established administrative penalties, remedies in the Labour Court (South Africa), and criminal sanctions for contraventions resembling provisions in the Labour Law (historical) of comparable jurisdictions. Compliance issues led to litigation involving employers such as state-owned enterprises like South African Airways and public authorities represented before tribunals including the Public Service Commission (South Africa), and decisions referencing statutory offences adjudicated in the Magistrates' Courts of South Africa and the Appellate Division (South Africa). Sanctions applied to unregistered unions, unfair dismissal claims, and breaches of collective agreements.

Amendments, Repeals and Subsequent Legislation

The Act was amended over time and eventually superseded by later reforms culminating in the Labour Relations Act, 1995 (South Africa), influenced by constitutional developments under the Interim Constitution of South Africa and the Constitution of South Africa, 1996. Amendments referenced policies debated by actors such as the Truth and Reconciliation Commission (South Africa), the Congress of South African Trade Unions, and parliamentary committees of the Parliament of South Africa. Subsequent labour law instruments like the Basic Conditions of Employment Act, 1997 and judgments of the Constitutional Court of South Africa replaced many operative provisions.

Impact and Criticism

Scholars, commentators, and organisations including the South African Institute of Race Relations, the Human Rights Commission (South Africa), and academic authors affiliated with University of Cape Town, University of the Witwatersrand, and Stellenbosch University critiqued the Act for its role within Apartheid labour control and its limitations on non-white labour mobility. Critics contrasted the statute with international norms promoted by the International Labour Organization and reforms advocated by unions such as the National Union of Metalworkers of South Africa and the Congress of South African Trade Unions. The Act's legacy is studied in works on labour history referencing events like the 1952 Defiance Campaign, the 1955 Congress of the People, and strikes in the Platinum belt and Witwatersrand mining region, and remains a subject of analysis in comparative studies involving the United Kingdom, Australia, and New Zealand.

Category:South African labour law