‘’On the surface, warfare and negotiation may seem to be polar opposites. The objective in war is to defeat the enemy. In negotiation, the goal is to find a solution that satisfies all the parties. Not surprisingly, little cross-learning and exchange have occurred across the two domains. In spite of important…Continue
Added by Johann Scheepers on January 29, 2019 at 2:47pm — No Comments
“Dismissal is divided into three categories: dismissals for misconduct, for incapacity and based on operational requirements. This division, which conforms with the ILO Termination of Employment Convention 158 of 1982 and Recommendation 166 0f 1982, is a happy one. It covers the field, encompassing all culpable and non-culpable conduct…Continue
Added by Johann Scheepers on August 29, 2018 at 9:00pm — No Comments
“Once upon a time, men arguably wiser and more sensible than those of the present era settled their disputes by sitting down together in a civilised fashion and talking until the problem was solved. No courts, no judges, no longwinded wrangling over technicalities; just a chat by the fireside, overseen by a…Continue
Added by Johann Scheepers on January 22, 2018 at 6:30am — No Comments
“The appellant, however, sought to justify its decision to require the respondent to submit to psychiatric testing on the basis that she had consented to it in her contract of employment; that it had concerns about her behaviour; and that the work performed by her was inherently stressful and demanded that she be “of sound body and mind to adequately…Continue
Added by Johann Scheepers on December 7, 2017 at 8:04pm — No Comments
“There is no art
To find the mind’s construction in the face
He was a good gentleman on whom I built An absolute trust”
- Macbeth l.iv.13.
On Circumstantial Evidence – Cumulative effect:
“[E]ven two articles of circumstantial evidence, though each taken by itself but as a feather, join together, you will find them pressing on a delinquent with the weight of a mill-stone ….”.
‘In S v Reddy & others 1996 2 SACR 1 (A) 8i Zulman AJA quoted, ‘Best on…Continue
Added by Johann Scheepers on October 21, 2017 at 8:02pm — No Comments
"The first thing we do, let's kill all the lawyers" – Henry the Sixth, Part 2 Act 4, scene 2, 71–78 William Shakespeare.
At the outset, the quotation should not be interpreted by the reader literally! It is a lawyer joke -…Continue
Added by Johann Scheepers on August 13, 2017 at 1:18am — No Comments
'The use of the comparative method requires knowledge not only of the foreign law, but also of its social, and above all its political context. The use of comparative law for practical purposes becomes an abuse only if it is informed by a legislative spirit which ignores the context of the law.'
[O Kahn–Freund, “On Uses and Misuses…Continue
Added by Johann Scheepers on September 25, 2015 at 7:48pm — No Comments
In terms of the Section 23(2) of the Constitution of the Republic of South Africa, 1996 –“(2) Every worker has the right to…Continue
Added by Johann Scheepers on January 3, 2015 at 8:57am — No Comments
IMPORTANT ISSUES AND QUESTIONS?
The SA Employment Equity Amendment Act, 47 of 2013 [EEA] and the Employment Equity Regulations, 2014 [EER] came into effect on 01 August 2014, ‘with barely a ripple in the human resources community…surprising, since this was the…Continue
Added by Johann Scheepers on September 14, 2014 at 7:50pm — No Comments
The South African Employment Equity Amendment Act, Act No 47 of 2013 (the EEAA) came into operation by means of promulgation with effect from 01 August 2014.
The EEAA as well as other amendments to SA Labor Legislation, to wit the Labor Relations Act, 66 of 1995 (the LRA) and the Basic Conditions of Employment Act, 75 of 1997 (the BCEA) formed the subject matter of extensive consultations held over a period of almost four years at NEDLAC whereupon 'consensus' was…Continue
Added by Johann Scheepers on August 20, 2014 at 2:42pm — No Comments
On the 1st of October 2013 dispute resolution in South Africa entered into a new era with the accreditation of Equillore , a private dispute resolution agency, by the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms of the provisions of section 127 of the Labour Relations Act, Act 66 of 1995 (the LRA) to perform dispute resolution functions as stipulated in…Continue
Added by Johann Scheepers on February 15, 2014 at 5:52am — No Comments
Added by Johann Scheepers on January 27, 2014 at 8:46pm — No Comments
WORKPLACE CONFLICT IN SOUTH AFRICA - A CASE STUDY OF WESTERN CULTURE v AFRICAN CULTURE
In a recent judgment by the South African Supreme Court of Appeal (SCA), the Court pronounced on a labour dispute which some of the readers may find of some interest. Following hereunder a posting by the writer in which he dealt with the judgment and its potential consequences for South…Continue
Added by Johann Scheepers on January 16, 2014 at 2:37pm — No Comments
A South African View Of “The Equal Employment For All Act”
By Richard Cohen on December 24, 2013Posted in…Continue
Added by Johann Scheepers on December 26, 2013 at 12:14pm — No Comments