ISSN: 2413-9874
Affiliations: Director, Worklaw
Source: Industrial Law Journal, Volume 36 Issue 4, 2015, p. 2522 – 2527
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ISSN: 2413-9874
Affiliations: Lecturer, Commercial Law Department, University of Cape Town; Professor, Commercial Law Department, University of Cape Town
Source: Industrial Law Journal, Volume 36 Issue 4, 2015, p. 2516 – 2521
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ISSN: 2413-9874
Affiliations: Associate Professor, Department of Commercial Law, Institute of Development and Labour Law, University of Cape Town; LLB Candidate, Faculty of Law, University of Cape Town
Source: Industrial Law Journal, Volume 36 Issue 4, 2015, p. 2503 – 2515
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ISSN: 2413-9874
Affiliations: University of Cape Town
Source: Industrial Law Journal, Volume 36 Issue 4, 2015, p. 2495 – 2503
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ISSN: 2413-9874
Affiliations: Honorary Research Fellow, School of Law, University of KwaZulu-Natal; Associate Professor, School of Law, University of KwaZulu-Natal
Source: Industrial Law Journal, Volume 36 Issue 4, 2015, p. 2474 – 2494
This article examines legislated leave provisions for working fathers in the fifteen member states of the Southern African Development Community (SADC). Leave for working fathers in these countries is found in a variety of legislative measures, including specific paternity leave provisions and in ‘other’ more general leave provisions. Three models are developed and used as a framework for analysis of legislation around paternity, parental and ‘other’ leave for fathers in all SADC member states. The findings from this analysis show a low level of legislated leave for fathers in SADC countries and the absence of any parental leave in the region. In particular policy options regulating leave for fathers in South Africa are highlighted. Comparisons are made with policy provisions regulating leave for fathers in developed countries. An assessment of the findings is also made against the provisions of SADC standards regulating leave for fathers. The findings provide new evidence on the nature and extent of leave for working fathers in the SADC region. They also highlight the divergence between parental leave schemes in more developed countries and leave provisions for fathers in SADC countries. The three models provide a useful analytical tool for research on leave for working fathers in countries in less developed regions of the world.
ISSN: 2413-9874
Affiliations: Judge of the High Court of South Africa and Judge of the Labour Appeal Court; Law Researcher in the High Court of South Africa (NW)
Source: Industrial Law Journal, Volume 36 Issue 4, 2015, p. 2460 – 2473
Employers have the duty to provide a safe workplace or working environment for employees. As a general rule this includes the duty to prevent psychiatric or psychological harm to employees. The stigma attached to mental illness has discouraged those who suffer mental illness from seeking assistance or redress for psychiatric or psychological harm or injury. This stigma is eroding and worldwide such claims in the workplace are on the increase. The remedies available to employees in South Africa for such injuries and illness are explored in this contribution. Where an accident resulting in such injury arises within the course and scope of employment, COIDA is often applicable and provides compensation for such injuries and illnesses. Only if COIDA does not apply, may damages be claimed in terms of delict or contract. These statutory and common law remedies give rise to specific elements and challenges particularly as regards psychiatric or psychological harm. They are examined in the course of this contribution.