Category: Insights

Project based work: No absolute right to work

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned  that the applicant may well have been similarly qualified and...

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Affirmative action measures: Employment equity plan?

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Restraints unintended consequences: Enforceable and lawful?

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

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Labour market features: Balancing conflicting interests

On 14 July 1994 the then Minister of Labour, Tito Mboweni, delivered a  speech to the Labour Law Conference in Durban entitled “The New Labour Market: Prospects for Accommodation and Conflict” and explained the...

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Invalid procurement regulations: Preferential procurement appeal

Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s...

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Applying employment law: Two schools of thought

Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought...

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Protecting racehorses considered : just or fair punishment?

Employment rights Employees have constitutional rights, which include the right neither to be unlawfully nor unfairly dismissed.  Lawfulness requires proof of gross misconduct before employers may dispense with reasonable notice...

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Gender discrimination considered: Female comparator

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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