392 publication(s) trouvée(s)
Article scientifique
The Compliance of the South African Social Security System with the International Covenant on Economic, Social and Cultural Rights
The ratification of the International Covenant on Economic, Social and Cultural Rights by South Africa has resulted in the provisions …
Article scientifique
A Comparative Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales
The primary concern of this article is a comparative analysis of marriage law in three legal systems – namely, Islamic …
Article scientifique
Motivating Large Groups of Law Students to Think Critically and Write Like Lawyers: Part 1
This two-part article explores two central themes – student motivation and critical thinking – as they relate to teaching law …
Article scientifique
The tentacles of majoritarianism: How far can they reach into retrenchment?
Majoritarianism enables a trade union with a majority in the workplace to prevail over minority unions and their members as …
Article scientifique
Towards a fair hearing for all employees: A case of probationary employee's in Kenya and the right to be heard prior to dismissal
An employer may require a newly hired employee to serve a reasonable period of probation to establish whether or not …
Article scientifique
Does the incorrect classification of misconduct charges constitute substantive unfairness? EOH Abantu v CCMA (2019) 40 ILJ 2477 (LAC)
Dismissals are commonplace in employment and arise for various reasons. One such reason is the unacceptable or undesirable conduct of …
Article scientifique
A legal analysis of labour dispute prevention and resolution under individual employment law in Zambia: Willard Mutoka v Chambeshi Water and Sewerage Company Limited (Comp. IRCLK/382/2018)
This case note is a legal review and analysis of Willard Mutoka v Chambeshi Water and Sewerage Company Limited, a …
Article scientifique
The devil in the deemed: Novel takes on Sections 198B and D
Section 198 of the Labour Relations Act is designed to protect vulnerable employees of labour brokers and those on fixed-term …
Article scientifique
The clash between the employee's right to privacy and freedom of expression and social media misconduct: What justifies employee's dismissal to be a fair dismissal?
The 21st century has an increase in the use of the internet as a means of trading. The use of …
Article scientifique
The evasion of Section 187(1)(c) of the Labour Relations Act: National Union of Metalworkers of South Africa v Aveng Trident Steel (a division of Aveng Africa Proprietary Ltd) (JA25/18) [2019] ZALAC 36; (2019) 40 ILJ 2024 (LAC); [2019] 9 BLLR 899 (LAC)
Section 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), has over the years proven to be a controversial …
Article scientifique
Procedural unfairness occasioned by unreasonable delay in finalising a disciplinary inquiry: Stokwe v Member of the Executive Council: Department of Education, Eastern Cape [2018] ZACC 3
“Justice delayed is justice denied” is a legal maxim which denotes that if legal redress is available to a party …
Article scientifique
Mental illness, harassment and labour laws: Some thoughts on harassment by employees suffering from mental illness
Section 23 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to fair …
Article scientifique
Discrimination on the grounds of pregnancy, denial of maternity leave and lack of conducive environment for nursing mother in the workplace in South Africa
In South Africa, women continue to be discriminated against on the grounds of being pregnant in the workplace and sometimes …
Article scientifique
The effects of violent strikes on the economy of a developing country: A case of South Africa
The issue of violent and lengthy strikes has been a feature of South Africa’s industrial relations for a while now. …
Article scientifique
Does the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act of 1998 Provide Adequate Family Home Protection to Insolvent Debtors or Is It Still Pie in the Sky? (Part 1)
Although some legal systems provide some protection of the homestead or family home for the debtor when his or her …
Article scientifique
Section 2C(1) of the Wills Act 7 of 1953 and the Meaning of “Spouse” Moosa No v Minister of Justice 2018 (5) SA 13 (CC)
It happens from time to time that a beneficiary under a will chooses not to accept his or her inheritance. …
Article scientifique
The Patchwork Text as Assessment Tool for Postgraduate Law Teaching in South Africa
In the increasingly competitive higher education sphere, delivering graduates with a sound academic grounding in their discipline is no longer …
Article scientifique
Legal Pitfalls of Incompatibility in the Workplace: An Examination of the Landmark Ruling on Racism in Rustenburg Platinum Mine v SAEWA obo Meyer Bester 2018 (5) SA 78 (CC)
In South African labour law, as is the position in other international jurisdictions, the contract of employment is founded on …
Article scientifique
Is the Sanctity of Contract Cast in Stone? An Evaluation of AB v Pridwin Preparatory School
This matter involves an appeal by AB (father) and CB (mother) (parents of DB and EB) against a decision of …
Article scientifique
Exposing the ICT Regulatory Dilemma: The Test for Governments
Information and Communications Technologies (ICTs) generate both benefits and challenges for society. For example, ICTs augment social development and encourage …