Disproportional Pay Differentials: Prohibition in the Employment Equity Act and Thoughts on The Evidentiary Burden The Employment Equity Act (“EEA”) requires South African designated employers to extend their commitment towards...
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 MoreA policy-maker–ready policy brief, written in clear, non-technical language, suitable for circulation to government departments (DEL, Treasury), NEDLAC, Parliament, business, organised labour, or international partners. It...
Read MoreThe LRA is not a code of discipline but a fairness statute, requiring decision-makers to apply legal principles through the lens of equity, context, and justice. It is important to appreciate that the Labour Relations Act 66 of...
Read MoreDifferences between solatium, damages, and compensation in the context of the South African Labour Court and employment disputes: 1. Solatium Definition: A solatium is a non-pecuniary award intended to acknowledge pain,...
Read MoreFor 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,...
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 MoreIs it correct that in any employment related issues especially termination not only the interests of the parties are important but also those of the enterprise itself? In South African labour law (and more broadly), when dealing...
Read MoreFor 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,...
Read MoreFor 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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