Case Note: Gambling with industrial peace: Non-disclosure of business information and the decision in National Union of Public Service & Allied Workers obo Mani & others v National Lotteries Board (2014) 35 ILJ 1885 (CC); 2014 (3) SA 544 (CC)

by | Oct 6, 2019 | ILJ, ILJ V36 I4

Case Note: Gambling with industrial peace: Non-disclosure of business information and the decision in National Union of Public Service & Allied Workers obo Mani & others v National Lotteries Board (2014) 35 ILJ 1885 (CC); 2014 (3) SA 544 (CC)

Authors Debbie Collier, Joseph Shaw

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

Abstract

None

Leave for working fathers in the SADC region

by | Oct 6, 2019 | ILJ, ILJ V36 I4

Leave for working fathers in the SADC region

Authors Lisa Dancaster, Tamara Cohen

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

Abstract

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.

Some thoughts on developments regarding the recovery of damages for pure psychiatric or psychological injury sustained in the workplace

by | Oct 6, 2019 | ILJ, ILJ V36 I4

Some thoughts on developments regarding the recovery of damages for pure psychiatric or psychological injury sustained in the workplace

Authors Adolph Landman, Moffat Ndou

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

Abstract

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.

The Labour Courts, fairness and the rule of law

by | Oct 6, 2019 | ILJ, ILJ V36 I4

The Labour Courts, fairness and the rule of law

Authors Andre van Niekerk

ISSN: 2413-9874
Affiliations: Judge of the Labour Court
Source: Industrial Law Journal, Volume 36 Issue 4, 2015, p. 2451 – 2459

Abstract

Articles by Judges Wallis and Froneman respectively have generated a debate on the rule of law and its application to labour matters. Judge Wallis has argued that the Labour Relations Act, in its application, has fallen short of the rule of law goals to which it aspired, largely on account of uncertain and unpredictable outcomes. Judge Froneman argues for a substantive rather than a formal conception of the rule of law, one that more concretely seeks to address our historical deficit. This article suggests that both conceptually and in relation to the day-to-day operations of the Labour Courts, a formal conception of the rule of law has its limitations. While a more substantive approach to the rule of law might better serve to define the concept of fairness that underpins the Act and its dispute resolution structures (if only because it demands a more critical approach), it is less easily translated into pragmatic goals. A greater concern is the unravelling of the corporatist premise on which the LRA is based. The continued ability of the statutory dispute resolution structures (including the labour courts) to institutionalise industrial conflict and contain worker discontent is the true challenge facing labour law in South Africa.

Case Note: Setting the record straight on procedurally unfair large-scale retrenchments: Edcon v Steenkamp & others JS648/13 3 March 2015 (LAC)

by | Oct 6, 2019 | ILJ, ILJ V36 I3

Case Note: Setting the record straight on procedurally unfair large-scale retrenchments: Edcon v Steenkamp & others JS648/13 3 March 2015 (LAC)

Authors Tamara Cohen

ISSN: 2413-9874
Affiliations: Professor, School of Law, University of KwaZulu Natal
Source: Industrial Law Journal, Volume 36 Issue 3, 2015, p. 1781

Abstract

None