Ratio decidendi concept: Binding legal principle
How does the concept of ratio decidendi apply in South Africa? Great question — and yes, the spelling is ratio decidendi (Latin: “the reason for the decision”). Let’s unpack how ratio decidendi operates specifically in South African law, especially in the...
Zero-tolerance alcohol policy: Reasonable band test
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Capacity-related reasons: ILO Convention applied
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Affirmative action in employment: Comparative Justifications
Comparative Justifications for Affirmative/Positive Action in Employment South Africa – Malaysia – India – United States – European Union Dimension South Africa Malaysia India United States European Union Historical Trigger Apartheid’s legally enforced racial...
Affirmative action in practice: Comparative Perspectives
Affirmative action in practice: Comparative Perspectives South Africa’s model sits between India and the EU: more robust and group-conscious than European “positive action,” but more constitutionally restrained than India’s reservation system. Malaysia stands apart as...
Just Cause–No Strike: Fairness without peace?
Fairness Without Peace: Why South Africa Rejected the American “Just Cause–No Strike” Bargain Abstract This article examines the United States labour-law trade-off whereby employers accept “just cause” limitations on dismissal in exchange for union-agreed...
Employment at will: USA just cause meaning?
Given the USA concept of 'just because' as reason for termination how does trade-off work when trade unions and management agree to 'just cause' in relation to right to strike? Clean analytical sequence, then contrast it with South Africa/ILO thinking. What “just...
Fairness without peace: South Africa’s decision?
Fairness Without Peace: What South Africa Chose — and Why It Still Matters Policy Brief for Labour-Market Decision-Makers Executive Summary South Africa’s labour law deliberately rejected the American model in which employers accept “just cause” limits on dismissal in...
Collective bargaining theories: Hutt, Kahn-Freund, Dunlop and ILO
A comparative table, suitable for publication in a South African labour-law or industrial-relations journal. Written in neutral academic tone, avoids polemic language, and uses concepts familiar to LRA / ILO scholarship. Comparative Theories of Collective Bargaining:...