Just 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 MoreIt can be argued that increased life expectancy has contributed to a boom in the medical field, but it’s important to frame it carefully and support it with reasoning. The increasing life expectancy of populations worldwide has...
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...
Read MoreSurely it is not correct to refer to employees as human capital as so many employers now do? The term “human capital” has become popular in management and economics, but it’s also deeply contested. ⚖️ The idea behind “human...
Read MoreFurlough and verlof compared: USA England and South Africa The English word “furlough” in the U.S. (meaning a leave of absence, especially from military duty or, in modern usage, temporary layoff from work) is indeed derived...
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 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 MoreKnowing and applying the LRA, BCEA, and EEA when terminating employment protects employers from legal, financial, and reputational risks while promoting fairness, compliance, and good labour relations. It is crucial for...
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