How 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 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 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 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 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 MoreQuick-reference table: Incompatibility vs Misconduct Incompatibility vs Misconduct – Quick Reference Aspect Incompatibility (Incapacity) Misconduct Nature Incapacity issue – employee unable to maintain harmonious workplace...
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 MoreSouth African law makes a definite distinction between direct and indirect discrimination—particularly under the Constitution and statutes like the Employment Equity Act 55 of 1998 (EEA) and the Promotion of Equality and...
Read MoreSUBMISSION ON EMPLOYMENT EQUITY AMENDMENT BILL OF 2012 (as introduced by the Minister of Labour (National Assembly)) 19 November 2012 1) A principal purpose of the Bill is to bring the Employment Equity Act (EEA) fully in line...
Read MoreIn U.S. employment law, “just cause” and “just because” represent two very different standards for making employment decisions, especially when firing someone. Just cause means an employer must have a fair, evidence-based reason...
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