On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.
Resolving factual disputes: Motion and trial proceedings
Factual disputes Resolving factual disputes in necessary in almost all legal proceedings but different approaches are adopted depending on the nature of the proceedings and whether actual evidence is adduced or whether the court is faced with allegations in...
read morePrivacy rights considered: Close link with human dignity
Privacy rights were considered in detail, including the nature and scope of the right to privacy, by the Constitutional Court in the recent judgment concerning the possession and use of cannabis. Extracts from the judgment are quoted below but it seems that the...
read moreProportional pay differentials: Frameworks and compliance
For 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, email us and we'll arrange to give you...
read moreNine important questions: Answers and confusions
From time to time we receive general questions and the answers should assist in resolving some common misperceptions about the practical application of labour law. It often happens that unwary senior managers agree to ‘demands’ from trade unions and bind themselves to...
read moreMinutes of meetings: Fairly terse synopsis
Matters of importance Minutes of meetings: “In addition, as is clear from what I have already said, the respondents’ argument is based in various respects upon what was or was not said at a number of NSM board meetings, relying on the minutes kept of those meetings...
read moreEconomic determinism contested: Excerpts from Obama lecture
Economic determinism: Barack Obama, the former US President, delivered the 2018 Nelson Mandela Annual Lecture at the Wanderers cricket stadium in Johannesburg on 17 July 2018. Here is an excerpt from the lecture. "Now, I don't believe in economic determinism. Human...
read moreUSA agency fees: Extraction violates Constitution
USA agency fees: The extraction of agency fees by the State of Illinois from public-sector employees who did not consent violates the First Amendment and Abood erred in concluding otherwise and stare decisis cannot support it. Abood was consequently overruled....
read moreLegal writing pointers: Understand needs of readers
Labour court justice Anton Steenkamp, a graduate of Stellenbosch University, wrote a letter in January 2013 to the University concerning Strategic Legal Writing and provided 'legal writing pointers' that are still very relevant today, given the statutory need for...
read moreEffective reasonable dissuasive: Fines imposed under GDPR
Fines for violating provisions of the GDPR must be effective reasonable dissuasive and strict vicarious liability is not imposed, unlike section 99(2) of the Protection of Personal Information Act, 2013 (POPIA) which reads: "(2) In the event of a breach the...
read moreNe Bis in Idem principle: GDPR includes term for protection
The ne bis in idem principle (prohibiting double jeopardy) is applied in various international instruments such as the General Data Protection Regulation (GDPR). Literally translated it means ‘not twice about the same’. In principle nobody should be judged twice for...
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