Case Note: Protecting the unwed woman against automatically unfair dismissals for reasons relating to pregnancy: A discussion of Memela & another v Ekhamanzi Springs (Pty) Ltd (2012) 33 ILJ 2911 (LC)

by | Oct 6, 2019 | ILJ, ILJ V36 I1

Case Note: Protecting the unwed woman against automatically unfair dismissals for reasons relating to pregnancy: A discussion of Memela & another v Ekhamanzi Springs (Pty) Ltd (2012) 33 ILJ 2911 (LC)

Authors Nicola Whitear-Nel, Brenda Grant, Asheelia Behari

ISSN: 2413-9874
Affiliations: Senior lecturer, University of KwaZulu-Natal; Professor, Grant research fellow, University of KwaZulu-Natal; PhD candidate, University of KwaZulu-Natal
Source: Industrial Law Journal, Volume 36 Issue 1, 2015, p. 106 – 118

Abstract

None

Case Note: Between a rock and a hard place – Concor Projects (Pty) Ltd t/a Concor Opencast Mining v Commission for Conciliation, Mediation & Arbitration & others

by | Oct 6, 2019 | ILJ, ILJ V36 I1

Case Note: Between a rock and a hard place – Concor Projects (Pty) Ltd t/a Concor Opencast Mining v Commission for Conciliation, Mediation & Arbitration & others

Authors Neil Coetzer

ISSN: 2413-9874
Affiliations: Senior Associate, Cowan-Harper Attorneys
Source: Industrial Law Journal, Volume 36 Issue 1, 2015, p. 94 – 106

Abstract

None

Case Note: Wrongful suspension as a ground for delictual damages – Weitz v Goodyear SA (Pty) Ltd & others (2014) 35 ILJ 441 (ECP)

by | Oct 6, 2019 | ILJ, ILJ V36 I1

Case Note: Wrongful suspension as a ground for delictual damages – Weitz v Goodyear SA (Pty) Ltd & others (2014) 35 ILJ 441 (ECP)

Authors Andre Mukheibir, Thanduxolo Qotoyi

ISSN: 2413-9874
Affiliations: Associate Professor in Law, Nelson Mandela Metropolitan University; Lecturer in Law, Nelson Mandela Metropolitan University
Source: Industrial Law Journal, Volume 36 Issue 1, 2015, p. 70 – 79

Abstract

None

Towards unity – reconciling fairness and rationality in affirmative action disputes

by | Oct 6, 2019 | ILJ, ILJ V36 I1

Towards unity – reconciling fairness and rationality in affirmative action disputes

Authors Emma Fergus

ISSN: 2413-9874
Affiliations: Lecturer, Commercial Law Department, Institute of Development and Labour Law, University of Cape Town
Source: Industrial Law Journal, Volume 36 Issue 1, 2015, p. 40 – 69

Abstract

This article considers the standard applicable in assessing employers’ affirmative action (AA) measures in unfair discrimination disputes. It necessarily begins with an overview of the Constitutional Court’s decision in SA Police Service v Solidarity obo Barnard handed down in September 2014. As the judges did not agree on the appropriate standard of scrutiny for AA, however, that standard remains uncertain. Recent amendments to the Employment Equity Act 55 of 1998 will likely compound this uncertainty. In an attempt at clarifying the position, this article considers Barnard with reference to both the constitutional provisions governing restitutive measures and those provided for in the EEA. From these, an argument is made that — provided it is suitably applied — the test set out by the Constitutional Court in Minister of Finance & another v Van Heerden for assessing restitutive measures in general is well suited to the employment context. Should that test be applied to workplace AA going forward, it will ensure compliance with both relevant constitutional and statutory provisions and international law.

The role of trade unions and employees in South Africa’s business rescue proceedings

by | Oct 6, 2019 | ILJ, ILJ V36 I1

The role of trade unions and employees in South Africa’s business rescue proceedings

Authors Anneli Loubser, Tronel Joubert

ISSN: 2413-9874
Affiliations: Professor, Department of Mercantile Law, University of South Africa; Lecturer, Department of Mercantile Law, University of Pretoria
Source: Industrial Law Journal, Volume 36 Issue 1, 2015, p. 21 – 39

Abstract

Employees and the registered trade unions representing them have been given a prominent role in the new business rescue proceedings introduced by the Companies Act of 2008. The inclusion of registered trade unions and non-unionised individual employees in the definition of ‘affected persons’ recognises the fact that employees are directly affected by the failure and subsequent liquidation of a company or close corporation, and grants them the same rights as creditors and shareholders to be notified of all developments and to participate in the business rescue proceedings in various ways. These rights are in addition to the special and extensive rights given to them in their capacity as employees, and the rights they may have as creditors of the company for remuneration and other amounts relating to their employment. It remains to be seen to what extent the trade unions in particular will use these rights to the advantage of their members.