“The progress of the law relating to unfair labour practices has been torturous and rendered a body of jurisprudence that is complex and confusing. Recent developments have rendered it unnecessary to rehearse that in this article”…

‘To save face means simply to maintain one's dignity. ... Clearly, for these types of people, face-saving during a negotiation because of a larger issue. Angry or hostile behaviour can result when a negotiator's self-worth feels threatened. Some negotiators shut down or…

“Once upon a time, men arguably wiser and more sensible than those of the present era settled their disputes by sitting down together in a civilised fashion and talking until the problem was solved. No courts, no judges, no longwinded wrangling over technicalities; just a chat by the fireside,…

‘’On the surface, warfare and negotiation may seem to be polar opposites. The objective in war is to defeat the enemy. In negotiation, the goal is to find a solution that satisfies all the parties. Not surprisingly, little cross-learning and exchange have occurred across the two domains. In spite of important…

‘’On the surface, warfare and negotiation may seem to be polar opposites. The objective in war is to defeat the enemy. In negotiation, the goal is to find a solution that satisfies all the parties. Not surprisingly, little cross-learning and exchange have occurred across the two domains. In spite of important…

“Dismissal is divided into three categories: dismissals for misconduct, for incapacity and based on operational requirements. This division, which conforms with the ILO Termination of Employment Convention 158 of 1982 and Recommendation 166 0f 1982, is a happy one. It covers the field, encompassing all culpable and non-culpable conduct…

“Once upon a time, men arguably wiser and more sensible than those of the present era settled their disputes by sitting down together in a civilised fashion and talking until the problem was solved. No courts, no judges, no longwinded wrangling over technicalities; just a chat by the fireside, overseen by a…

“The appellant, however, sought to justify its decision to require the respondent to submit to psychiatric testing on the basis that she had consented to it in her contract of employment; that it had concerns about her behaviour; and that the work performed by her was inherently stressful and demanded that she be “of sound body and mind to adequately…

“There is no art

To find the mind’s construction in the face

He was a good gentleman on whom I built An absolute trust”

- Macbeth l.iv.13.

On Circumstantial Evidence – Cumulative effect:

“[E]ven two articles of circumstantial evidence, though each taken by itself but as a feather, join together, you will find them pressing on a delinquent with the weight of a mill-stone ….”.

‘In S v Reddy & others 1996 2 SACR 1 (A) 8i Zulman AJA quoted, ‘Best on…

"The first thing we do, let's kill all the lawyers" – Henry the Sixth, Part 2 Act 4, scene 2, 71–78 William Shakespeare.

At the outset, the quotation should not be interpreted by the reader literally! It is a lawyer joke -…

'The use of the comparative method requires knowledge not only of the foreign law, but also of its social, and above all its political context. The use of comparative law for practical purposes becomes an abuse only if it is informed by a legislative spirit which ignores the context of the law.'

[O Kahn–Freund, “On Uses and Misuses…

INTRODUCTORY COMMENTS

In terms of the Section 23(2) of the Constitution of the Republic of South Africa, 1996 –“(2) Every worker has the right to…

IMPORTANT ISSUES AND QUESTIONS?

The SA Employment Equity Amendment Act, 47 of 2013 [EEA] and the Employment Equity Regulations, 2014 [EER] came into effect on 01 August 2014, ‘with barely a ripple in the human resources community…surprising, since this was the…

The  South African Employment Equity Amendment Act, Act No 47 of 2013 (the EEAA) came into operation by means of promulgation with effect from 01 August 2014.

The EEAA as well as other amendments to SA Labor Legislation, to wit the Labor Relations Act, 66 of 1995 (the LRA) and the Basic Conditions of Employment Act, 75 of 1997 (the BCEA) formed the subject matter of extensive consultations held over a period of almost four years at NEDLAC whereupon 'consensus' was…

On the 1st of October 2013 dispute resolution in South Africa entered into a new era with the accreditation of Equillore , a private dispute resolution agency, by the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms of the provisions of section 127 of the Labour Relations Act, Act 66 of 1995 (the LRA) to perform dispute resolution functions as stipulated in…

                                                 MEMORANDUM

1.

INTRODUCTION:

The importance…

WORKPLACE CONFLICT IN SOUTH AFRICA - A CASE STUDY OF WESTERN CULTURE v AFRICAN CULTURE

In a recent judgment by the South African Supreme Court of Appeal (SCA), the Court pronounced on a labour dispute which some of the readers may find of some interest. Following hereunder a posting by the writer in which he dealt with the judgment and its potential consequences for South…

A South African View Of “The Equal Employment For All Act”

By Richard Cohen on December 24, 2013Posted in…