Exploring Automatically Unfair Dismissals due to “Agreed” or “ Normal” Retirement Age in South Africa [PDF]
This study aimed to critically evaluate the fairness of mandatory retirement policies under South African law and compare them with the legal frameworks in the United States (USA) and Canada, where retirement age dismissals are approached differently. This desktop study used a comparative legal research methodology to analyze statutory provisions, case
Ntsika Qakaza
openaire +2 more sources
Analysing the Onus Issue in Dismissals Emanating from the Enforcement of Unilateral Changes to Conditions of Employment [PDF]
The main objective of this article is to analyse the issue of onus emanating from the enforcement of unilateral changes to conditions of employment. At the heart of the controversy that has faced the Labour Appeal Court was how to interpret dismissals ...
I Tshoose, R Ismail
doaj +3 more sources
On 27 October 2020, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa v Aveng Trident Steel (A Division of Aveng Africa (Pty) Ltd) 2021 42 ILJ 67 (CC).
Kamalesh Newaj
doaj +1 more source
Automatically unfair and operational requirement dismissals: Making sense of the 2014 amendments
This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act, where the reason for the dismissal is to "compel the employee to accept a demand in respect of any matter of mutual interest".
Kamalesh Newaj, Stefan Van Eck
openaire +4 more sources
Automatically Unfair and Operational Requirement Dismissals: Making Sense of the 2014 Amendments
This article explores the concept of the automatic unfair dismissal that is regulated in s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), where the reason for the dismissal is to "compel the employee to accept a demand in respect of any matter ...
Kamalesh Newaj, Stefan Van Eck
doaj +1 more source
Buckland v Bournemouth University Higher Education Corp. [PDF]
In the case of Buckland v Bournemouth University Higher Education Corp ([2010] EWCACiv 121) the Court of Appeal handed down judgments which were of significance for the doctrines of general English contract law, the law governing the common law implied ...
Cabrelli, David
core +1 more source
Sexual harassment at the workplace in the hospitality industry. [PDF]
This research paper is a conceptual analytical one which discusses the issue of employee sexual harassment in the hotel industry and the legal avenues open to victims.
Advocate Stella Vettori +1 more
doaj
Firm Size Distribution and EPL in Italy [PDF]
We study the role of employment protection legislation (EPL) in explaining the relative small average size of Italian firms. We construct a simple model that shows that the smooth relation between size and growth probability is disturbed in proximity of ...
Schivardi, Fabiano, Torrini, Roberto
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Breaking New Ground in the United Kingdom: Work Visa and Labour Law Aspects in the Twenty First Century [PDF]
[Excerpt] The purpose of this booklet is to provide a summary of the laws and procedures applicable to entering the UK for the purposes of working and the main employment law obligations on employers.
Baker & McKenzie
core +1 more source
The Case for a Human Rights Act Based Approach to Unfair Dismissals Engaging Convention Rights: Challenging Judicial Attitudes and Assessing Potential [PDF]
The protection which the law of unfair dismissal offers to those dismissed in circumstances which engage their rights under the European Convention on Human Rights is anaemic.
Shellum, Alex
core +1 more source

