Interlocutory jurisdictional ruling: Section 191(6) LRA
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Terminating employment on notice: Constitutional question?
Terminating employment on notice South African labour laws allow employment contracts to be terminated on notice but only employers have to provide a valid and fair reason related to conduct or capacity or based on operational requirements but is this not...
World of work law: Unique legal zone
✅ 1. What distinguishes Civil Law from Criminal Law? FEATURE CRIMINAL LAW CIVIL LAW Purpose Punish wrongdoing; protect society Resolve disputes; compensate harm Parties State (prosecution) vs Accused Private parties (individuals, companies, organisations) Burden of...
Stare decisis concept: Cornerstone of legal system
Given the increasing number of judgments in the courts is the concept of stare decisis still applicable in South Africa? Yes – stare decisis (precedent) is still very much applicable in South Africa In fact, it remains a cornerstone of our legal system, especially...
Ratio decidendi concept: Legal principle
How is the concept of ratio decidendi applied in South Africa? Let’s unpack how ratio decidendi operates specifically in South African law, especially in the post-Constitution era. ✅ 1. What is ratio decidendi? It is the legal principle or rule of law that a court...
Employees or human capital: Human being or asset?
Surely it is not correct to refer to employees as human capital as so many employers now do? The term “human capital” has become popular in management and economics, but it’s also deeply contested. ⚖️ The idea behind “human capital” The phrase comes from economic...
Furlough and verlof compared: USA England and South Africa
Furlough and verlof compared: USA England and South Africa The English word “furlough” in the U.S. (meaning a leave of absence, especially from military duty or, in modern usage, temporary layoff from work) is indeed derived from the Dutch word “verlof” (meaning...
Incompatibility vs Misconduct: Reference table
Quick-reference table: Incompatibility vs Misconduct Incompatibility vs Misconduct – Quick Reference Aspect Incompatibility (Incapacity) Misconduct Nature Incapacity issue – employee unable to maintain harmonious workplace relationships. Disciplinary issue – employee...
Three-interest framework: Applying employment law
Is it correct that in any employment related issues especially termination not only the interests of the parties are important but also those of the enterprise itself? In South African labour law (and more broadly), when dealing with employment-related issues —...
Insubordination or insolence: Not unreasonable award
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