Browsing by Author "Godfrey, Shane"

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    Are trade unions and NGOs leveraging social codes to improve working conditions? A study of two locally developed codes in the South African fruit and wine farming sectors
    (Institute for Poverty, Land and Agrarian Studies, University of the Western Cape, 2017-11) Visser, Magareet; Godfrey, Shane
    The paper explores one aspect of the food security question, namely the livelihoods of farmworkers, which ultimately speaks to the sustainability of farms and the provision of food. It focuses on the emergence of locally made private social codes (Wine and Agricultural Ethical Trade Association – WIETA, and Sustainability Initiative of South Africa – SIZA) in the Western Cape fruit and wine sectors and how compliance with such codes has increasingly become a requirement to export to certain markets (being an aspect of vertical governance in the fruit and wine value chains). Many standards in private social codes duplicate rights in national legislation, but some standards improve on statutory rights and certain enabling standards that offer leveraging opportunities to worker organisations to further improve wages and working conditions. Such leveraging constitutes a form of horizontal governance of the fruit and wine value chains. The paper analyses key sections of the two locally made social codes against the Fairtrade code and Sectoral Determination 13 (SD13). The analysis indicates where the codes improve on SD13 and how they compare to the Fairtrade code, which is generally seen to offer the best enabling standards for workers. The paper then presents the results of empirical research on the extent to which worker organisations – that is, trade unions and labour-oriented non-governmental organisations (NGOs) – have leveraged relevant standards to effect improvements for workers. The role of the state in facilitating such leveraging is also explored. The paper finds that, in general, worker organisations have little knowledge of the WIETA and SIZA codes and hardly any attempts have been made to leverage the codes. The only contestation of the codes that had a significant impact was from an actor outside the sector and country, namely the documentary film-maker who produced Bitter Grapes. The paper questions why worker organisations have made so little of the codes. The low capacity of such organisations is one explanation, but these organisations are also disenchanted with the codes because WIETA’s and SIZA’s sanctioning of non-compliance has been insufficient.
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    “Climate-proofing” labour law: adapting to increased heat and extreme weather events
    (University of the Western Cape, 2024) Godfrey, Shane; Collier, Debbie
    Rising temperatures and extreme weather events present challenges for the world of work and the regulation of occupational health and safety (OHS) and increases the need for risk assessment and OHS control and prevention measures. These challenges are an important consideration in climate change adaptation. This report provides a comprehensive overview of the relevant statutory rights, duties and standards, with an emphasis on working hours and OHS measures for the prevention and control of occupational injuries, diseases and illnesses linked to increased temperatures and extreme weather. In addition, social security provisions, including workers’ compensation and income protection, are considered. The report identifies legislative changes already in progress, and proposes an action plan for strengthening OHS protection for workers, with priority given to immediate actionable steps, while identifying longer-term areas for development and incorporation into legislation, regulations, and programmes to address the impact of climate change and promote a just transition. (Other labour law mechanisms for planning and implementing a just transition are addressed in Optimising labour law for a just transition)
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    Optimising labour law for a just transition
    (University of the Western Cape, 2024) Collier, Debbie; Godfrey, Shane; Oniga, Vincent; Osiki, Abigail
    This report examines the impact of climate change (focusing on the coal-based energy sector as a blueprint for other sectors) and the decent- work connection between climate change law and fundamental principles and rights at work, which are the foundations of labour law. The report considers relevant aspects of labour market regulation – ranging from the provisions of labour law and arrangements for sectoral collective bargaining, to active labour market policies and integrated regulation, such as social and labour plans – that can be optimised for a just transition. Challenges in planning and implementing just-transition processes occur within a regulatory space spanning a range of laws and legal fields and consequently cutting across various ministries and institutions in all spheres of government (national, provincial, and local) and at all levels of labour governance (workplace, sectoral, and national). In this regard, the report engages at a conceptual level with the emerging “JT regulatory framework” for facilitating just-transition processes. It constructs a typology of the following labour law functions and mechanisms that can support just-transition processes at the workplace, sectoral, and local government level: consultation and collective bargaining; restructuring and retrenchments; training and skills development; unemployment insurance and income support; health and safety (see also “Climate-proofing” labour law: Adapting to increased heat and extreme weather events); and emergency and disaster management.