Bargaining under the Employment Contracts Act: Recent Case Law Developments

Abstract

This paper will look at the provisions of Part II of the Employment Contracts Act (relating to bargaining) and will analyse some of the recent cases interpreting these provisions. Part II of the Act is relatively short, running only to 17 sections most of which are simple in content But it is the very simplicity of the sections that has led to litigation. Few of the sections are prescriptive in the sense that, although they set out general propositions, they do not mandate any particular form of bargaining.