Dismissals for Operational Requirements: The Impact of Changing Employment Terms Aimed at Profitability and Market Competitiveness in Khan v Durban University of Technology (2025) 46 ILJ 161 (LC)

by | Jan 9, 2026 | ILJ, ILJ V47 I1

Dismissals for Operational Requirements: The Impact of Changing Employment Terms Aimed at Profitability and Market Competitiveness in Khan v Durban University of Technology (2025) 46 ILJ 161 (LC)

Authors Asheelia Behari & Judell-Lesha Joseph

ISSN: 2413-9874
Affiliations: Lecturer, Department of Public Management, Law & Economics, Durban University of Technology; LLB LLM PhD (UKZN); Lecturer, Department of Public Management, Law & Economics, Durban University of Technology; LLB LLM PhD (UKZN)
Source: Industrial Law Journal, Volume 47 Issue 1, 2026, p. 62 – 84
https://doi.org/10.47348/ILJ/v47/i1a5

Abstract

Economic transformation requires employers to adapt continually, which may result in dismissals for operational requirements. Such dismissals may extend beyond financial survival to include goals of profitability, competitiveness, and institutional sustainability. In Khan v Durban University of Technology, the applicant was retrenched after failing to meet a new minimum qualification standard, which the Durban University of Technology argued was essential to remain competitive, attractive, and financially sustainable. The Labour Court upheld the dismissal, and confirmed that operational requirements can include not only survival but also competitiveness and profitability. The judgment reinforces that retrenchments can be fair when changes to employment terms are justified by genuine operational needs.

Remote and Hybrid Work(ers): Considerations for Regulating Remote Working Arrangements and a Code of Good Practice for Remote Work

by | Jan 9, 2026 | ILJ, ILJ V47 I1

Remote and Hybrid Work(Ers): Considerations for Regulating Remote Working Arrangements and a Code of Good Practice for Remote Work

Authors Debbie Collier & Abigail Osiki

ISSN: 2413-9874
Affiliations: Professor/Director, Centre for Transformative Regulation of Work (CENTROW), University of the Western Cape; Research Associate, CENTROW, University of the Western Cape
Source: Industrial Law Journal, Volume 47 Issue 1, 2026, p. 85 – 110
https://doi.org/10.47348/ILJ/v47/i1a6

Abstract

Globally, the COVID-19 pandemic intensified the focus on remote work and raised the need to evaluate the adequacy of labour legislation and workplace policies in the context of hybrid and remote-work arrangements. Remote work is characterised by the use of digital technology to perform tasks outside of the employer’s premises, often at the employee’s home. While it offers flexibility, inclusivity, and environmental benefits, it presents challenges too, for example in regard to enforcing employment standards, maintaining work-life balance, privacy, health and safety, and avoiding the risk of worker invisibility. Similarly, remote work poses difficulties for performance management and access to the workplace for inspection purposes.
Key issues explored in this report include the regulation of working hours, occupational health and safety concerns, and compensation for occupational injuries. The report proposes the development of regulatory mechanisms — regulations and a Code of Good Practice — for remote work to provide certainty to remote workers and safeguard their well-being while balancing this with the interests of employers. The report thus provides guidance on remote-work policies in the workplace. Additionally, it considers legislative developments on flexible working arrangements that respond to the evolving nature of work in the digital era, promote work-life balance, and support gender equality.

Trade-based money laundering through documentary credits: A compliance and legal risk analysis for South African banks

by | Dec 15, 2025 | JCCL, JCCL V10 I1

Trade-based money laundering through documentary credits: A compliance and legal risk analysis for South African banks

Author: Tsanangurai Makuyana

ISSN: 2521-2575
Affiliations: Legal Officer, Manicaland State University of Applied Sciences, Zimbabwe
Source: Journal of Corporate and Commercial Law & Practice, Volume 10 Issue 1, 2024, p. 1 – 29
https://doi.org/10.47348/JCCL/V10/i1a1

Abstract

Trade-based money laundering (TBML) poses a significant risk to the global financial system, with documentary credits being a common yet complex channel for illicit financial flows. This article examines the compliance and legal risks associated with TBML through documentary credits for South African banks, which operate within a dynamic regulatory environment influenced by both domestic and international anti-money laundering (AML) frameworks. The article evaluates the vulnerabilities in trade-finance transactions, including misrepresentation of goods, over- and under-invoicing, and fraudulent documentation. It further assesses the effectiveness of South Africa’s current regulatory and enforcement mechanisms in mitigating these risks, considering the Financial Intelligence Centre Act (FICA) and international standards set by the Financial Action Task Force (FATF). By analysing case studies and compliance challenges faced by banks, the article proposes enhanced due diligence measures, and regulatory reforms to strengthen AML controls. The findings contribute to the broader discourse on combating TBML and offer practical recommendations for banks, regulators, and policymakers in South Africa to improve detection and prevention strategies.

Cross-border insolvency in the age of globalisation: Harmonising domestic laws with international best practices

by | Dec 15, 2025 | JCCL, JCCL V10 I1

Cross-border insolvency in the age of globalisation: Harmonising domestic laws with international best practices

Author: Chengeto Natty Kazangarare

ISSN: 2521-2575
Affiliations: Legal Researcher, University of Zimbabwe
Source: Journal of Corporate and Commercial Law & Practice, Volume 10 Issue 1, 2024, p. 30 – 54
https://doi.org/10.47348/JCCL/V10/i1a2

Abstract

The accelerating pace of globalisation has intensified cross-border commercial transactions, inevitably increasing the incidence of cross-border insolvency. As such, while domestic insolvency laws remain fragmented, businesses and creditors increasingly operate across multiple jurisdictions, raising complex legal questions about the recognition and coordination of insolvency proceedings.1 This article critically examines the challenges and prospects of harmonising domestic insolvency laws with international best practices. It begins by outlining the conceptual foundations of cross-border insolvency, focusing on the tension between universalist and territorialist approaches. The analysis then turns to the role of international instruments, particularly the UNCITRAL Model Law on Cross-Border Insolvency and regional frameworks such as the European Union Insolvency Regulation, evaluating their effectiveness in promoting legal certainty and cooperation among courts. Drawing on landmark cases and comparative insights, the article highlights persistent obstacles, including jurisdictional conflicts, public policy exceptions, and political resistance to the harmonisation of insolvency laws. In response, the article proposes pragmatic recommendations for achieving greater harmonisation, including broader adoption of international standards, regional cooperation initiatives, and the integration of emerging technologies to streamline cross-border insolvency processes. Ultimately, the article argues that fostering a coherent and predictable cross-border insolvency framework is essential not only for creditor protection but also for sustaining confidence in the global commercial ecosystem.

Social security in Nigeria: A comparative perspective

by | Dec 15, 2025 | JCCL, JCCL V10 I1

Social security in Nigeria: A comparative perspective

Author: Philip A Folarin

ISSN: 2521-2575
Affiliations: Associate Professor, Department of Commercial and Industrial Law, University of Lagos
Source: Journal of Corporate and Commercial Law & Practice, Volume 10 Issue 1, 2024, p. 55 – 88
https://doi.org/10.47348/JCCL/V10/i1a3

Abstract

This paper critically examines the state of social security in Nigeria, focusing on its legal and institutional framework, implementation challenges, and alignment with international best practices. Social security is an essential tool for economic stability and social justice, yet Nigeria faces persistent challenges in ensuring comprehensive and effective coverage for its citizens. The paper analyses constitutional provisions alongside statutory instruments such as the Pension Reform Act (PRA), the Employees’ Compensation Act (ECA), and the Nigeria Social Insurance Trust Fund (NSITF). Particular attention is given to the transition from the Workmen’s Compensation Act to the ECA, which marked a shift from lump-sum payments to periodic compensations. By comparing Nigeria’s system with those of South Africa and Kenya, the paper highlights practical lessons and strategies for improvement. Additionally, it evaluates Nigeria’s compliance with International Labour Organization (ILO) conventions and the integration of international standards into local policies. The findings reveal critical gaps in the existing framework, institutional inefficiencies, and underutilisation of global best practices. The paper concludes with recommendations for reform, emphasising the need for robust enforcement mechanisms, institutional accountability, and a greater alignment with international standards to ensure a more inclusive and effective social security system in Nigeria.