Category: Philosophy and economics

Protest action prevented: Nedlac and non-compliance

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Executive decisions considered: Interests of justice

President of RSA v Democratic Alliance    Executive decisions considered and constitutional court refused to advise or guide the president courts should be “loath to fulfil an advisory role, particularly for the benefit of...

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Mineral resources regulations: Power to regulate

Minister of Mineral Resources v Stern; Treasure the Karoo Action Group v Department of Mineral Resources Mineral resources regulations set aside in their entirety by the SCA irrespective of whether PAJA or the principle of...

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Industrial action amendments: Strategy and tactics

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Derivative misconduct analysed: Individual and collective

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) LtdDerivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving...

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Invalid agency agreement: LRA 25(3) requirements

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Insurmountable operational requirements: Changes rejected

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms...

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Aussie Uber contractors: No employment relationship

Aussie Uber contractors: According to a recent report in Accountancy Daily an Australian court has ruled that Uber drivers should be treated as contractors for tax and employment purposes and not as employees.  This is a...

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Majoritarianism principle highlighted: Extending agreements

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Bipolar contractual model: Vulnerable Uber drivers

Uber v Aslam Uber drivers in the United Kingdom have been held by the Court of Appeal in Uber B.V. (“UBV”) & Ors v Aslam & Ors [2018] EWCA Civ 2748 to be ‘workers’ for the purposes of the national minimum...

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