Browsing Research Articles (Faculty of Law) by Author "Du Toit, Darcy"
Now showing items 1-20 of 22
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Arbeidsreg in 'n maatskaplike verband
Du Toit, Darcy (Juta Law, 1995)Introduction: 'n Regsteksboek is nie bloot 'n uiteensetting van regs reels nie. Dit is, in die eerste plek, 'n seleksie van bespreekingspunte en, terselfdetyd, 'n evaluasie van die selekteerde gegewens wat uitgaan van 'n ... -
Business restructuring and operational requirements dismissals: Algorax and beyond
Du Toit, Darcy (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 ... -
Collective bargaining and worker participation
Du Toit, Darcy (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 ... -
A common law hydra emerges from the forum-shopping swamp
Du Toit, Darcy (Juta Law, 2010) -
Corporatism and collective bargaining in a democratic South Africa
Du Toit, Darcy (Juta Law, 1995)Introduction:The theme of 'emerging models of worker participation and representation' is uniquely appropriate in relation to South Africa today. In February 1995 a draft labour statute, designed to replace the existing ... -
Democratising the employment relationship: a conceptual approach to labour law reform and its socio-economic implications
Du Toit, Darcy (Juta Law, 1993)Introduction: The constitutional debate in South Africa has place the related issues of democracy and increase production and redistribution of wealth centrally on the agenda. Democratisation of the employment relationship, ... -
The Evolution of the concept of 'unfair discrimination' in South African Labour Law
Du Toit, Darcy (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 ... -
Extending the frontiers of employment regulation: the case of domestic employment in South Africa
Du Toit, Darcy (Faculty of Law, University of the Western Cape, 2010)Domestic workers form one of the most vulnerable and exploited sectors of the workforce in the world economy. In 2002 South Africa became one of relatively few countries to promulgate special legislation aimed at extending ... -
An ill contractual wind blowing collective good? Collective representation in non-statutory bargaining and the limits of union authority
Du Toit, Darcy (Juta Law, 1994)Induction:In the statutory arena one facet at least, the interaction between union and employer parties at industrial council level, is defined by the Labour Relations Act 28 of 1956 (LRA). The other crucial nexus, that ... -
New light on old questions? University of Cape Town v Auf Der Heyde (Labour Appeal Court)
Du Toit, Darcy (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 ... -
Not ‘work like any other’: Towards a framework for the reformulation of domestic workers’ rights
Du Toit, Darcy (Juta Law, 2011)Introduction: On 15 June 2010 the 99th session of the International Labour Conference (ILC) adopted proposals for a Convention, supplemented by a Recommendation, on decent work for domestic workers. From this has emanated ... -
Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law
Du Toit, Darcy (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 ... -
Protection against unfair discrimination in the workplace: are the courts getting it right?
Du Toit, Darcy (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 ... -
Self-Regulated corporate social responsibility: the impact on employment relations at European corporations in South and Southern Africa: a preliminary overview
Du Toit, Darcy (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 small business sector: deregulation or collective bargaining?
Du Toit, Darcy (Juta Law, 1993)Introduction:'Abraham Adamson, owner of A&A Motor Spares in Athlone, Cape Town, was dealing with a client in June 1991 when the sheriff of the court walked in and seized 21 gearboxes and various other movable assets. His ... -
Small enterprises, Industrial Relations and the RDP
Du Toit, Darcy (Juta Law, 1995)Introduction: The small, medium and micro enterprise (SMME) sector spans an immense sweep of economic activity, from entirely non-regulated to entirely regulated businesses, 'from the survivalist activities of informal ... -
Statutory collective bargaining: a duty of fair representation?
Du Toit, Darcy (Juta Law, 1993)Introduction:An issue that has received little attention in our law is the nature of a union's duty vis-à-vis its membership in the course of collective bargaining and the consequences of breach of such duty. This is, in ... -
Thinking Out of the Box: Fair Work for Platform Workers
Fredman, Sandra; Du Toit, Darcy; Graham, Mark; Howson, Kelle; Heeks, Richard; Van Belle, Jean-Pau; Mungai, Paul; Osiki, Abigail (Routledge, 2020)The burgeoning gig economy largely operates outside of existing labour standards, mainly because in most countries workers are classified as self-employed rather than as employees. Until now, much legal effort has been ... -
The transfer of enterprises and the protection of employment benefits in South and Southern Africa
Du Toit, Darcy (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 ... -
What is the future of collective bargaining (and Labour Law) in South Africa?
Du Toit, Darcy (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 ...