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Now showing items 1-10 of 12
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 ...
Enterprise responsibility for sexual harassment in the workplace: comparing Dutch and South African law
(Kluwer Law International, 2008)
Introduction: Sexual harassment in the workplace is generally deplored, destructive of working relationships and unlawful. Despite this it is widespread and possibly on the increase. In Spain, according to a 2006 survey, ...
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 ...
The prohibition of unfair discrimination: applying Section 3(d) of the Employment Equity Act
(Juta Law, 2009)
Introduction: This chapter sets out to examine the concept of “unfair discrimination” in the employment context as it has evolved over the past three decades. It will note the efforts made by the courts to clarify it and ...
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 ...