Where does justice lie? Presented by Tony Ehrenreich

Introduction This conference brings together practitioners to access whether justice is being served. The LRA was about extending justice into the workplace and undo apartheid legacy. Realising the sacred promise of liberation contained in PC and RDP which said we should outlaw compound labour and TOT system and contract labour shall be abolished.

Legislative Framework SA drafted a web of regulations that created a framework That would transform world of work if implemented EEA – Skills Act – Affirmative – SETA – Bargaining Councils – NEDLAC It is built on the assumption of the constitution that workers rights are human rights

Great Compromise Our ability to negotiate solution’s are testimony to the goodwill of SA Honouring the compromise is essential if the fabric of our new democracy is to be sustained The Labour Law is a fine balance that takes account of the national imperatives To change one aspect in that fine balance necessitates a review of all other aspects

Great Deceit Violation and Legalities to side step the obligations and promises 1 million farm workers evicted because of ESTA Workers casualised Services outsourced Labour broking Informalised forms of work

Obvious objective Greater profits Undermining workers rights Re-instating slave relations Contracting out of law Business driven development trajectory Weakening Unions – Organisational Rights

Consequences on Society Loss of secure employment adds to high levels of unemployment – substitution of good jobs with bad Increasing inequalities Reduction in security and confidence of workers Tenuous social stability – contributes to fragmentation of society Less measurable – but as debilitating – loss of hope

Government Weaknesses Weak inspectorate unable to ensure compliance Extensive use of these forms of work in State Unwillingness to clarify intent of law – leaving it to legal interpretations Lengthy delays – workers prejudiced by the delays

The test of success 16 years of GDP growth has not reversed social injury New vision needed with a bold plan Align the law to social imperatives Bring alignment between values of individuals and public policy Practitioners must also act in a manner that promotes intention of the Law That bends the trajectory of labour law developments and application toward social justice

The emerging conflict Evidence suggests Workers are being subjected to sustained attacks The battle ground is the courts – wealthier wins The gains of our revolution denied to our people Social change – a dream not realised Institutions being weakened

Battle Ground Political Party – decent work demand The State - banning labour brokers Nationalise mines Land seizures Work place – strikes Courts – Review of Law Growing community protest

Conclusion Greed has undone the social compact contained in our constitution and the law. We stand at a unique moment where caution and leadership are required. The options are Our common ruin OR a new deal We must decide