Exploring why Organisations often Evade Fair Labour Practices
Exploring why Organisations often Evade Fair Labour Practices

Summary/Abstract: The Constitution of South Africa, adopted in 1996, upholds the fundamental value of equality by emphasising the significance of providing all individuals with equitable opportunities to access the nation's resources. Although many organisations in South Africa strive for labour peace, they still fall short in adhering to the doctrine of fair labour practices in their workplaces. The primary objective of this article was to establish the reasons why South African organisations are failing to adhere to fair labour practice. The importance of this research lies in its ability to provide solutions towards enhancing fair labour practices within organisations, which will help to foster harmonious employment relationships and overall labour peace. A qualitative phenomenological research approach anchored within an interpretive paradigm was adopted for the study. Ten participants from two South African organisations in Johannesburg were interviewed. Although earlier research has demonstrated that legislation acts as a shield to safeguard employees from unfair labour practices, the findings revealed that unfair labour practices continue to be a prominent concern within South African organisations. Hence, having an HR department could be the first step towards addressing unfair labour practices in organisations. Based on the current findings, the study recommends that employers should engage employees in the drafting/developing employment policies and procedures for their organisations. To ensure fairness within organisations, it was proposed that the role of human resources be clarified in upholding fairness in organisations. It was recommended that organisations should conduct regular workshops, as well as constitute a dedicated compliance committee. Finally, this study postulates that there should be a regular review and revision of policies in accordance with legislative and other societal changes.

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