Comparative Justifications for Affirmative/Positive Action in Employment South Africa – Malaysia – India – United States – European Union Dimension South Africa Malaysia India United States European Union Historical Trigger...
Read MoreAffirmative action in practice: Comparative Perspectives South Africa’s model sits between India and the EU: more robust and group-conscious than European “positive action,” but more constitutionally restrained than India’s...
Read MoreFairness Without Peace: Why South Africa Rejected the American “Just Cause–No Strike” Bargain Abstract This article examines the United States labour-law trade-off whereby employers accept “just cause” limitations on dismissal...
Read MoreFairness Without Peace: What South Africa Chose — and Why It Still Matters Policy Brief for Labour-Market Decision-Makers Executive Summary South Africa’s labour law deliberately rejected the American model in which employers...
Read MoreA comparative table, suitable for publication in a South African labour-law or industrial-relations journal. Written in neutral academic tone, avoids polemic language, and uses concepts familiar to LRA / ILO scholarship....
Read MoreConcise, decision-maker–ready policy brief applying the ILO rhetoric vs practice / enlightened self-interest framework to NEDLAC and post-1994 South African labour law. Suitable for government, NEDLAC principals, or...
Read MoreHow does sapiential authority differ from line management and why is it important? Nature of the Authority Sapiential Authority = authority based on wisdom, expertise, or specialised knowledge. You are listened to because you...
Read MoreJust and equitable remedy: In all the circumstances N v SA Mint (Rf) (Pty) Ltd (JS475/2022) [2024] ZALCJHB 445; (2025) 46 ILJ 964 (LC) (4 November 2024) per R Itzkin AJ. Excerpt regarding awarding compensation ito ss 193-195 of...
Read MoreTerminating employment on notice South African labour laws allow employment contracts to be terminated on notice but only employers have to provide a valid and fair reason related to conduct or capacity or based on operational...
Read More✅ 1. What distinguishes Civil Law from Criminal Law? FEATURE CRIMINAL LAW CIVIL LAW Purpose Punish wrongdoing; protect society Resolve disputes; compensate harm Parties State (prosecution) vs Accused Private parties...
Read MoreGiven the increasing number of judgments in the courts is the concept of stare decisis still applicable in South Africa? Yes – stare decisis (precedent) is still very much applicable in South Africa In fact, it remains a...
Read MoreHow is the concept of ratio decidendi applied in South Africa? Let’s unpack how ratio decidendi operates specifically in South African law, especially in the post-Constitution era. ✅ 1. What is ratio decidendi? It is the legal...
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