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Summary - LLB (LCCL202)
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- LLB (LCCL202)
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- University Of Zululand (UNIZULU)
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lOMoARcPSD|18726350Sample OF Doctrinal Legal Research Proposal
Research methodology and modern social problems (University of Zululand)
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Faculty of Commerce, Administration and Law
RESEARCH PROPOSAL
For the degree of
Masters of Laws
In the field of Labour Law
With the provisional title:
Analysis of labour laws pertaining to liability for damages caused by workers during
violent strikes.
FACULTY OF Commerce, Administration and Law
Candidate name:
Student number:
Internal examiners:
External examiner:
August 2021
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TABLE OF CONTENTS
Contents. Page no.
1. Introduction 3
2. Preliminary literature review 10
3. Problem statement 15
4. Aim of the study 18
5. Objectives of the study 19
6. Research questions 19
7. Research methodology 20
8. Ethical consideration 21
9. Resources 22
10. Intended contribution to the body of knowledge 23
11. Intellectual property 23
12. Harvesting the research 23
13. Work schedule 24
14. Preliminary Chapters 25
15. Bibliography 27
16. Declaration by the candidate 31
17. Declaration by the supervisor 32
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1) Introduction.
Strikes are one of the bargaining tools used by workers to advance their interests. 1
Historically, strikes can be traced as far back as the industrial revolution of the late
18th and early 19th centuries.2 They originated from the need to address the power
imbalance between employees and employers 3. Customarily, employers have had
financial muscle to advance their interests, whereas the strength of workers lies in
their collectivism4.
In terms of the common law and prior to democratic dispensation, employees were
not allowed to embark on a strike, regardless of their disputes or dissatisfaction in
the workplace.5 The employer had total control, when employees embarked on a
strike/ industrial action, the employer could retrench and hold the employees who
embarked on an industrial action liable and claim damages 6. This particular power
and control brought fear to employees and created hesitation to embark on industrial
action.7 This situation has changed in South Africa when the new democratic
dispensation came, which led to the establishment, drafting and adoption of the
constitution of South Africa.
South African labour law has evolved greatly from the past since the country
obtained its democratic breakthrough. The 1996 constitution of South Africa 8 and the
Labour Relations Act9 66 of 1995 gave recognition to many fundamental human
rights of all citizens of the Republic and employees in particular.
1 A Levy ‘Can Anybody Hear Me? The Audi Rule and the Dismissal of Strikers’ (2010) 31 ILJ 825, 831.
2 E Yavuz ‘The Industrial Revolution and Consequences’ 2 available at
https://www.yeditepe.edu.tr/dotAsset/74101.pdf, accessed on 4 August 2019.
3 J Brand ‘Strikes in Essential Services’ paper presented to the South African Society for Labour Law
(SASLAW) (2010) 1 available at http://www.saslaw.org.za/papers/Strikes%20in%20Essential
%20Services.doc, accessed on 29 June 2019.
4 E Manamela & M Budeli ‘Employees’ Right to Strike and Violence in South Africa’ (2013) 46 CILSA
308,
5 Bendix Industrial Relations 81.
6 M McGregor& NP Laqwela’Labour Law Rules’2012
7 Godrey, Theron and Visser.2007. www.dpru.uct.ac.za 23
8 Section 23 (1) –(3) of the Constitution afforded employees the right to strike, to collectively bargain
and to join trade unions
9 Section 64(1) of the (Labour Relations Act) LRA states that every employee has the right to strike
and every employer has the right to a lock-out.
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