A hot and troubled world
A hot and troubled world of work:SA’s bold new climateIncreased average temperatures, climate variability and extreme weather events are taking a toll on the environmentand disproportionately affecting the lives and livelihoods of vulnerable communities. This is intensifying challenges inthe world of work.By Debbie Collier*WWorking on a warmer planet increases health and safety risks andaffects workers’ well-being and productivity. These risks are a challengefor employment, labour standards and the creation of decent work.Temperatures in South Africa are rising faster than the globalaverage. And finding ways to adapt to climate change and navigateits challenges is becoming increasingly urgent. These challengesare compounded by the disruptions of an energy transition. SouthAfrica also has high levels of inequality and unemployment.South Africa, one of the largest (CO2) emitters in Africa, hascommitted to reducing its emissions with the aim of reachingnet zero emissions by 2050. But how does the country balancethe need to cut carbon emissions while protecting an alreadyvulnerable working population during the energy transition?Enabling a just transition is a focus for the constituencies ofthe National Economic Development and Labour Council. Thecouncil is South Africa’s national social dialogue institution.It consists of representatives from the state, organised labour,organised business and community organisations. The council’sLabour Market Chamber has been working on how best tointegrate principles of labour and environmental justice. And howlabour laws can be used to support a just energy transition.The University of the Western Cape’s Centre for TransformativeRegulation of Work, of which I am the director, has supportedthe council and its social partners in labour law reform processes.The aim is to ensure that labour laws and policy are responsive tothe changing world of work and are “fit-for-purpose” in the justtransition era.Two priorities are to implement the Climate Change Act asenvisaged and to develop labour law to support a just transition.THE CLIMATE CHANGE ACTThe Climate Change Act 22 of 2024 incorporates the goal ofdecent work within a commitment to a just transition. The act,which will take effect on a date yet to be determined, defines ajust transition as, “a shift towards a low-carbon, climate-resilienteconomy and society and ecologically sustainable economies andsocieties which contribute toward the creation of decent work forall, social inclusion and the eradication of poverty”.The act is ambitious in its scope and leaves no part of societyuntouched. It aims to restructure the economy from one dependenton fossil fuels to a low-carbon economy, at the same time contributingto decent work and an inclusive society.New institutional arrangements are envisaged, and existinginstitutions are expected to adapt. Relevant state actors must “reviewand, if necessary, revise, amend, coordinate and harmonise theirpolicies, laws, measures, programmes and decisions” to “give effectto the principles and objects” of the act.The act provides impetus for change and an opportunity torevisit the country’s labour law and industrial relations landscape.LABOUR LAW IN A JUST TRANSITION ERASouth Africa’s labour law promotes both collective bargainingand employee consultation processes – the “dual channels” forengagement. However, industrial relations are typically characterisedby adversarial bargaining over wages and economic distribution.This approach falls short of the nuanced and collaborative processesneeded to navigate a just transition. The first step requires a shiftfrom familiar, adversarial patterns of engagement. The energytransition and adaptation to climate change may have significantimplications for job security and employment. These include:• Using new technologies that affect workplace restructuring.• Changes in the organisation of work or work methods.• The discontinuation of operations, either wholly or in part.The framework for constructive engagement on suchdevelopments includes institutions and mechanisms at workplace,sector and national levels. Workplace forums are voluntaryinstitutions introduced in the Labour Relations Act 66 of 1994 to18 | Service magazine
labourSensure that workers are consulted and have a voice in decisionsthat affect them. Unfortunately, the uptake of workplace forumshas been limited.Industry and sector institutions include bargaining councils andthe Sector Education and Training Authorities. These should bedeveloped into spaces for consultation on measures to supporta just transition and coordination of skills development andindustrial policy.Nationally, Nedlac is the apex social dialogue institution. There’salso the Presidential Climate Commission which was establishedby President Cyril Ramaphosa to oversee and facilitate a justtransition. The commission is regulated by the Climate ChangeAct. It plays a critical role in steering just transition policyprocesses and building consensus on regulatory developments.Adaptation to climate change shouldbe at the forefront of the collectiveefforts of all South Africans.MIND THE GAPLabour law has limited scope to address environmentaldegradation or the concerns of communities. To plug this gap,programmes that integrate rights, policies and services for workersand communities affected by the energy transition should beconsidered. For example, the framework for social and labourplans in the mining sector could be augmented to support a justtransition. Labour law functions and mechanisms that supporta just transition may need to be strengthened. Key areas forimprovement include:• The framework and ecosystem for skills development to prepareworkers for job transitions.• Occupational health and safety and labour standards for theprotection of workers in conditions of increased heat andextreme weather events.• The scope, application and objectives of social security schemesand social protection for workers affected by the transition to alow-carbon economy.Article courtesy of The ConversationOther steps towards a just transition include:• Policy coherence and co-ordination at multiple levels, includingall levels of government, businesses, labour and communities.• Capacitation of local government to support communities andthe creation of decent work.Environmentally sustainable practices must be a priority in allworkplaces. Consultation and coordinated responses should notbe limited to workplaces, sectors and industries that are directlyaffected, such as the coal mining sector.Adaptation to climate change should be at the forefront of thecollective efforts of all South Africans. Perhaps even more so inhigher education institutions, where the responsibility to educate,innovate and lead by example is paramount. South Africa’s climatechange law envisages a pathway to social inclusion and decentwork. Its labour laws provide critical tools for the transition. S*Debbie Collier, Shane Godfrey, Vincent Oniga and Abigail Osikico-authored the Nedlac report, Optimising labour law for a justtransition (2024).Service magazine | 19
