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 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 MoreGiven the USA concept of ‘just because’ as reason for termination how does trade-off work when trade unions and management agree to ‘just cause’ in relation to right to strike? Clean analytical sequence,...
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 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 MoreEarly Cape Colony (1658–1806): franchise not yet a real concept For the first 150 years, the question is largely anachronistic. The VOC governed the Cape as a company possession, not a polity. There was no representative...
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