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Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law
(Juta Law, 2008)
Introduction: Although in labour law the term ‘employment relationship’ means more than a contractual relationship, in the vast majority of cases the contract of employment serves as ‘port of entry’ to the employment ...
Self-Regulated corporate social responsibility: the impact on employment relations at European corporations in South and Southern Africa: a preliminary overview
(Juta Law, 2009)
Introduction:Corporate social responsibility (CSR) is a complex topic that has generated a host of policy documents and a vast literature. This article sets out to examine a very specific aspect of it: the impact of CSR ...
The transfer of enterprises and the protection of employment benefits in South and Southern Africa
(Faculty of Law, University of the Western Cape, 2004)
Introduction:The era of globalisation has brought sweeping change to the workplace.
Transfers, mergers, outsourcing and an erosion of employment security
have been among the consequences. In a country with an inadequate
social ...
Collective bargaining and worker participation
(Juta Law, 2000)
Introduction: The relationship between collective bargaining and worker participation has two main aspects - • the interaction between collective bargaining as a process (at workplace; sectoral and subsectoral level) and ...
Business restructuring and operational requirements dismissals: Algorax and beyond
(Juta Law, 2005)
Introduction:This article revisits a vexed and much-debated question: when is it 'fair' for an employer, in the course of restructuring its business, to dismiss an employee for declining to accept changes in her or his ...
New light on old questions? University of Cape Town v Auf Der Heyde (Labour Appeal Court)
(Juta Law, 2002)
Introduction:Thomas Auf der Heyde responded to an advertisement for a position of senior lecturer in chemistry at the University of Cape Town (UCT), the duration of which was 'initially for three years with a possible ...
What is the future of collective bargaining (and Labour Law) in South Africa?
(Juta Law, 2007)
Introduction: Collective bargaining has a long history. The term is said to have been coined around 1890 by the British labour movement pioneer, Beatrice Webb. By then the practice of wage negotiations between trade unions ...
Protection against unfair discrimination in the workplace: are the courts getting it right?
(Juta, 2007)
Introduction: No area of South African law is more critical than the prohibition of unfair discrimination, especially in the workplace. Under apartheid, discrimination against workers on grounds such as race and sex was ...
The Evolution of the concept of 'unfair discrimination' in South African Labour Law
(Juta Law, 2006)
Introduction:This article examines the meaning and scope of the prohibition of unfair discrimination against employees contained in s 6 of the Employment Equity Act in the light of the development of the concept of 'unfair ...
When does affirmative action in favour of certain employees become unfair discrimination against others
(Sage Publications, 2001)
The paper is concerned with the practical question of the circumstances under which measures which might otherwise have amounted to unfair discrimination will amount to affirmative action and will therefore be lawful. It ...