The recognition of the constitutional right to fair labour practices in South Africa has become a fundamental labour and human rights issue. Problems have been experienced in law and in practice, in trying to implement this broad and intentionally flexible right, which is intended to accommodate and balance the evolving rights and interests of employers and employees. The broad nature of the right has given rise to legislative uncertainty leading to many questions being raised in contemporary scholarly discourses and the courts of law concerning the precise scope and ambit of the right. The...