Trade union representatives and the boundaries of lawful union activities

LL.M. (Labour Law)According to Davies and Freedland, “the relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power”. In other words, the employment relationship is characterised by an imbalance of power and is inherently unjust if employees do not act collectively. Labour law, from a social justice perspective, serves as “a tool to further the interests of social justice” for employees and serves to equalise the balance of power in the relationship between the employer and employees. From a social justice perspective, trade unions and trade union representatives fulfil a vital function as “a primary vehicle through which to achieve social justice” in the workplace. According to Du Toit, it is only when employees act collectively, through trade unions and their representatives, that employees can counteract the bargaining power of the employer. Therefore, the existence of trade unions and their representatives is linked to the realisation of social justice and, it could be argued, the fulfilment of the right to fair labour practices, which is enshrined in section 23(1) of the Constitution of the Republic of South Africa, 1996 ..