Just Cause–No Strike: Fairness without peace?
Fairness Without Peace: Why South Africa Rejected the American “Just Cause–No Strike” Bargain Abstract This article examines the United States labour-law trade-off whereby employers accept “just cause” limitations on dismissal in exchange for union-agreed...
Employment at will: USA just cause meaning?
Given the USA concept of 'just because' as reason for termination how does trade-off work when trade unions and management agree to 'just cause' in relation to right to strike? Clean analytical sequence, then contrast it with South Africa/ILO thinking. What “just...
Fairness without peace: South Africa’s decision?
Fairness Without Peace: What South Africa Chose — and Why It Still Matters Policy Brief for Labour-Market Decision-Makers Executive Summary South Africa’s labour law deliberately rejected the American model in which employers accept “just cause” limits on dismissal in...
Collective bargaining theories: Hutt, Kahn-Freund, Dunlop and ILO
A comparative table, suitable for publication in a South African labour-law or industrial-relations journal. Written in neutral academic tone, avoids polemic language, and uses concepts familiar to LRA / ILO scholarship. Comparative Theories of Collective Bargaining:...
ILO rhetoric vs practice: Whither South Africa?
Concise, decision-maker–ready policy brief applying the ILO rhetoric vs practice / enlightened self-interest framework to NEDLAC and post-1994 South African labour law. Suitable for government, NEDLAC principals, or parliamentary committee circulation. Policy Brief...
Enlightened Self-Interest: Policy-maker–ready policy brief
A policy-maker–ready policy brief, written in clear, non-technical language, suitable for circulation to government departments (DEL, Treasury), NEDLAC, Parliament, business, organised labour, or international partners. It translates the academic argument into...
Applying law and equity: LRA fundamental dual purpose
The LRA is not a code of discipline but a fairness statute, requiring decision-makers to apply legal principles through the lens of equity, context, and justice. It is important to appreciate that the Labour Relations Act 66 of 1995 (LRA) is built on both law and...
Universal or qualified franchise: Cape early history
Early Cape Colony (1658–1806): franchise not yet a real concept For the first 150 years, the question is largely anachronistic. The VOC governed the Cape as a company possession, not a polity. There was no representative democracy for anyone—European settlers...
1658 Broertje Pieterzoon: The Liesbeeck Frontier
1658, Broertje Pieterzoon, and the Liesbeeck Frontier Our family’s story in South Africa begins in 1658 with Broertje (Pieterzoon), one of the earliest free burghers settled along the Liesbeeck River. The farms that became Louwvliet and Questenberg mark a landscape...
Holism and Objectivism: Jan Smuts and Ayn Rand
Difference between Holism of Jan Smuts and Objectivism of Ayn Rand There is a deep and fundamental difference between Jan Smuts’ Holism and Ayn Rand’s Objectivism. In many respects they sit at opposite ends of the philosophical spectrum. Below is a clear, structured...