On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.
Amended CCMA Rules: Effective 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...
read moreNine important questions: Answers and confusion
From time to time we receive general and nine important 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...
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....
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