Category: Philosophy and economics

Proportional pay differentials: Frameworks and compliance

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Majoritarianism policy choice: Implied duty of fair representation

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Utterances comprising intimidation: Constitutional invalidity considered

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services This SCA judgment concerning utterances comprising intimidation suggests that senior managers who require employees...

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Labour relations architecture: NMW means turning point

Eddie Cottle argues that the labour relations architecture has changed with the introduction of a national minimum wage and that amending the LRA is a turning point in South Africa, but that South Africa is sitting on an...

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Flexible working hours: ConCourt hearing Woolworths appeal

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Worker co-operative members: Resolving potential statutory conflicts

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Fundamental contextual change: Supremacy to constitutional democracy

Marshall NO v Commissioner, South African Revenue Service Given the fundamental contextual change from legislative supremacy to constitutional democracy, the constitutional court decided that there is a need to re-examine an...

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Deliberations as a class of information: Disclosure on review

Helen Suzman Foundation v Judicial Service Commission “In sum, I can think of no reason why deliberations as a class of information ought generally to be excluded from a rule 53 record. For me, the question is whether...

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Competitive tender bids: Fundamental constitutional requirement

Jocastro (Pty) Ltd v Ekurhuleni Metropolitan Municipality Competitive tender bids are essential and “In the present instance, twelve out of fourteen bids were excluded on the basis that they failed to provide information...

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South Africa 40 years ago: Dealing with dismissal and divorce

Legally the two most important human relationships were  treated very differently in South Africa 40 years ago.  By law is meant both the common law and legislation enacted by parliament at that time, bearing in mind that the...

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