Practising employment and labour law in South Africa Purpose of GilesFiles: One of the principal aims of GilesFiles (GF) is to document relevant legislation and case law to assist practitioners and academics in researching and...
Read MoreDIRECTIVE 02 of 2026: ENHANCED CASE MANAGEMENT: MOTION PROCEEDINGS AND URGENT COURT ADMINISTRATION This Directive is effective 27 July 2026 A. Introduction This Practice Direction is adopted pending consideration of amendments...
Read MoreHow does the concept of ratio decidendi apply in South Africa? Great question — and yes, the spelling is ratio decidendi (Latin: “the reason for the decision”). Let’s unpack how ratio decidendi operates specifically in South...
Read MoreComparative 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...
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