Restraints unintended consequences: Enforceable and lawful?
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1988 LRA amendments: Sure recipe for conflict
Looking back on the 1988 LRA amendments there is little doubt that when the former government accepted the recommendations of the Wiehahn Commission in 1979 they failed to understand the nature and effect of what changes to the employment and labour laws would entail....
Labour market features: Balancing conflicting interests
On 14 July 1994 the then Minister of Labour, Tito Mboweni, delivered a speech to the Labour Law Conference in Durban entitled "The New Labour Market: Prospects for Accommodation and Conflict" and explained the features of the labour market that were being proposed by...
Invalid procurement regulations: Preferential procurement appeal
Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s 217 of the Constitution and s 2 of the...
Bloom taxonomy revised: Educational objectives redefined
Recently on 27 October 2020 and in a landmark decision the constitutional court stressed that in an 'ever-changing economic climate characterised by increasing global competition, operational reasons not only relate to the downsizing of the workforce, but also to...
Applying employment law: Two schools of thought
Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought concerning the interpretation and application...
Independent impartial judiciary: Real constitutional democracy
In a lecture reflecting on the process of achieving independence of the legal fraternity as well as the independence and impartiality of the judiciary in the SADC region, Zak Yacoob, a retired Constitutional Court judge, highlights the role of judicial impartiality...
Protecting racehorses considered : just or fair punishment?
Employment rights Employees have constitutional rights, which include the right neither to be unlawfully nor unfairly dismissed. Lawfulness requires proof of gross misconduct before employers may dispense with reasonable notice of termination. Fairness obliges...
Gender discrimination considered: Female comparator
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Repudiating employment contracts: Trust and confidence
During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November 1996. For the record the original...