On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.
Can errors and ignorance of law be excused?
As a legal practitioner and teacher of the law relating to the ‘world of work’ at university level for nearly 40 years I feel duty-bound to comment adversely on recent developments in the constitutional court concerning my field of expertise. I felt obliged to...
read moreService level agreements: Providing services or performing work
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 moreFairness implies validity: Look back and then forward
It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees have proved that they were employed and...
read moreParental leave introduced: Effective from January 1, 2019
Parental leave introduced with effect from 1 January 2019 ito the Labour Laws Amendment Act 10 of 2018 (published in GG 42062 in vol 641 on 27 November 2018: 1305) brought into effect on 12 December 2018 (vol. 642 12 December 2018 Reg Gazette No. 42103) Insertion of...
read moreAmended CCMA Rules: Effective from January 1, 2019
Amended CCMA Rules have been published in the Government Gazette and take effect on January 1, 2019 and are repeated here for easy reference. DEPARTMENT OF LABOUR: NOTICE 776 OF 2018 (42092) Labour Relations Act (66/1995): effective from 1 January 2019 RULES FOR THE...
read moreDependence and equality: Natural and impossible
“Constituted as it is, the human race cannot exist without vast numbers of workers who have no property at all, for certainly a man in easy circumstances will not leave his own land to cultivate yours; and if you want a pair of shoes you'll not get a lawyer to make...
read moreDefining biological characteristics: Sex and gender
Defining biological characteristics: In Rahube v Rahube (CCT 319/17) [2018] ZACC 202 (30 October 2018) the constitutional court helpfully explained the difference between the words 'sex' and 'gender' contained in the Constitution. The constitutional court...
read moreResolving 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...
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