Impact of Constitution On Labour Law And Labour Relations

The Interim Constitution, Act 200 of 1993, and the final Constitution of the Republic of South Africa, Act 108 of 1996, hold provisions which have an important bearing on individual and collective employment relationships. Most of these provisions are in the chapter dealing with fundamental rights, in other words, in that part of the Constitution which describes the inalienable rights of the people who live in the country. In fact, experience elsewhere has shown that the impact of constitutional provisions on labour law and industrial relations, in particular those provisions embodied in a Bill of Fundamental Rights, should not be underestimated.

There are several reasons why it is necessary to have regard to the impact of our Constitution on labour law and labour relations. 

Firstly, the Constitution itself makes it abundantly clear that the Constitution is the supreme law of the country, while the Bill of Rights apply to all law and bind the legislature, the executive, the judiciary and all organs of State.

Secondly, the Constitution expects every court, tribunal or forum to promote the spirit, purpose and objects of the Bill of Rights when interpreting any legislation and when developing the common law. The Labour Court, the CCMA and the arbitrators are some of the institutions which are affected dramatically by this provision.

Thirdly, Section 23 of the Constitution guarantees several extensive labour rights as fundamental rights, which will certainly provide a court, tribunal or forum with the basis for interpreting legislation in the labour sphere, collective agreements, principles relating to the contract of employment and the common law.

Finally, the Labour Relations Act, Act 66 of 1995 (LRA), explicitly states, as one of its objects, to give effect to and regulate the fundamental rights conferred by the Constitution and obliges any person interpreting the LRA to do so in compliance with the Constitution.