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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
Dismissal remains the most thorough and comprehensive work available on a problem that confronts employers, lawyers, judges and arbitrators every working day – when is it fair to terminate the relationship with employees, for whatever reason this regrettable step may be deemed necessary? This work deals with all the circumstances in which dismissals arise and are challenged – from dismissals for misconduct and incapacity, through retrenchments, automatically unfair dismissals, dismissals of protected and unprotected strikers, to the procedures required before such dismissals can lawfully be effected and challenged. Written in the clear and readable style for which the author has become acclaimed, the exposition of each principle is illustrated with examples drawn from the case law. This fourth edition adds many judgments handed down since the third edition was published five years ago, and incorporates judgments law and statutory amendments that have been handed down or enacted since then. Dismissal forms a volume in a quartet by the author, and should where necessary be read with its companion volumes – Employment Rights, Collective Labour Law and Labour Litigation and Dispute Resolution
Labour Relations in South Africa provides a thorough, engaging introduction to the science and practice of labour relations in South Africa. The fifth edition presents a more critical and reflective approach, engaging with the various issues, shifts, and seismic events which have impacted this dynamic field in recent years. The text's view is expanded to encompass a multi-faceted perspective, relating to business science, law, economics, and sociology, and to focus more specifically on the context and dynamics of a developing country.
This book is aimed at all involved in the study and practice of labour law, including non-law students and practitioners. A Practical Guide to Labour Law is aimed at and can fruitfully be used by all involved in the study and practice of Labour Law. For non-legal students this book should suffice as a primary source for their studies; the studying of decided cases will not only be interesting, but will also improve their insight.
Labour Relations: A Southern African perspective is the eight editions of a text first published in 1989 under the title Labour Relations in South Africa. At that time, it was the first comprehensive textbook of its kind and was hailed as having reached the finishing line when others were still at the starting block. Since then continuous social, political and legislative developments, and the ever-changing labour relations scenario, have necessitated regular updates, as well as the more recent change to its title. Like its predecessors, this edition uses the labour ‘relationship’ as its starting point, guiding readers through the establishment of labour relations systems, the key participants and interactions involved and the legislation governing these interactions. It does this by using detailed practical examples, explanations and real-life cases where applicable. In various parts of this latest edition, the text touches on the Fourth Industrial Revolution, the nature of changes to come and the implications for the world of work
First published in 1996, Workplace Law has become one of the most widely used and frequently quoted text books on South African labour law. This 12th edition has been revised and supplemented to incorporate the latest case law, as well as the latest amendments to labour legislation. Workplace Law provides a complete overview of issues that have arisen and are likely to arise on the shop floor, in court and in arbitration proceedings - from unfair labour practices, through employment equity, dismissal and collective bargaining, to strikes. This updated, comprehensive and reliable work is a convenient and indispensable guide to a complex and fascinating area of law. Workplace Law is also available in electronic form as part of Juta's Labour Library, where it is updated quarterly.
"Everything should be made as simple as possible but not simpler." -Albert Einstein. The authors of this book firmly believe in this principle. This book aims to explain labour law as simply as possible without losing the essence and importance of labour law rules in the workplace. This book uses plain and understandable language and practical examples to explain concepts. Visual aids such as tables or graphics and mind maps will explain difficult concepts further. In a nutshell, this book is an essential tool for any keen student or reader on the topic. This is a thoroughly revised new book, building on the foundations of the first three editions, but expanded and updated to meet the needs of the students using it. The fourth edition has: This well-established labour law text has been updated to reflect the law as of September 2020. Labour Law Rules provides an accessible and clear discussion of all relevant labour, employment equity, social security and related legislation. The book brings law and practice together. The text is supplemented with visual aids, examples and case law to clarify concepts. The book is aimed principally at students who engage with labour law for the first time during their BCom and LLB studies. The book will also be helpful for HR and IR personnel, project managers, supervisors and union officials. The contents are divided into four parts discussing individual labour law, collective labour law, social security law and other labour laws. The common law contract of employment is the basis of the relationship. The book explains how the Constitution, the BCEA, the NMWA, the LRA as well as the EEA supplement the relationship. The legal protection afforded to employees, including non-standard employees, is clarified. Dismissal, unfair labour practices, discrimination, harassment and the impact of transfers of a business on employers and employees alike are explained with reference to recent statutory and case developments. The book includes an analysis of collective labour law. Aspects such as collective bargaining, collective agreements, bargaining agents (for example, trade unions) and workplace forums are covered. The legal requirements for protected strikes, lock-outs, picketing and protest action are dissected and explained with reference to case law and practical examples. An important aspect of labour law that is often overlooked in the academic context is social security measures that impact on the workplace. The book covers the OHSA, MHSA, COIDA and UIA. The book concludes with an overview of so-called non-core labour legislation such as the Employment Services Act, the Skills Development Act, the Employment Tax Incentive Act, the Regulation of Interception of Communications and Provision of CommunicationsRelated Information Act and the Protection of Personal Information Act. Additional recommended reading is provided in a separate annexure for the keen reader. This book not only reflects on the rules of labour law but also shows that labour law, in the modern workplace, rules!
First published in 2010, this book is the most comprehensive exposition of practice and procedure in the various forums charged with resolving employment and labour disputes in South Africa. It provides an overview of the nature, powers and jurisdiction of the CCMA, bargaining councils, the Labour Court and private arbitrators, and guides the reader through the maze of rules and procedures that must be followed to process matters through these forums, while giving useful tips on how to avoid or surmount obstacles that might arise along the way. This book is more than a practice manual. It sets out the principles underlying the issues discussed and illustrates them with many examples from decided cases. Labour Litigation and Dispute Resolution forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date.
Written from a uniquely South African perspective, Human Resource Management in Government explores many facets of the employment relationship, including strategic employment processes, workforce planning, talent management, trade union interactions, public sector labour relations and terminating employment relationships. Features:
The third edition of Occupationally-directed ETD Practices has been written, providing the Education, Training and Development (ETD) Practitioner with a practical textbook for the purpose of learning and professional practice. This book has been published during an exciting time in the history of skills development in South Africa.
How may an employer effect a dismissal that does not fall foul of the law? What is an unfair labour practice? How and when does an employer discipline an employee? How do you formulate charges? How do you prepare for an arbitration? The answers to these and other questions can be found in this book, which aims to alert both employers and employees of their respective rights and how these rights can be enforced and protected. This book is not an arid reflection on labour law. It is an attempt to initiate a sound understanding of the basic principles of labour law and to instil a practical approach to work-related issues. Any person, whether an employer or employee, who needs to understand labour issues without being burdened by esoteric legal principles will find this book helpful.
Collective Labour Law is the most thorough and comprehensive book available on the law governing the relationship between organised labour and employers in South Africa. The book covers topics such as the recognition of trade unions as bargaining agents, how organisational rights are acquired and lost, the collective bargaining process, strikes and lock-outs. Copious examples from case law give the reader insight not only into the law but also into the events that led to conflicts which ended up in the courts. The book is written in the clear and readable style for which the author has become acclaimed. Collective Labour Law is part of a quartet of books by John Grogan that covers the entire field of labour law as it has developed in South Africa to date. The book is also available in digital format, which offers subscribers ongoing quarterly updates.
Employment Rights forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. This volume deals with relations between employers and employees from the commencement of employment to its termination, and highlights the drastic inroads which have been made on the managerial prerogative by legislation, in particular the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act. The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development. The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.
Understanding the skills development act contains an accessible, non-legalistic commentary on the skills development act, which promotes the advancement of the skills of the South African workforce. The act is systematically covered with FAQs and key point summaries to aid understanding. The 2nd edition includes: Explanations of the major re-alignments of the legislation including extensions to the SETA landscape and National Skills Development Strategy (NSDS) III; Analysis of the current SETA regulations on mandatory and discretionary grants; The structures created by the National Qualifications Framework Act: SAQA, quality council for trade & occupations and National artisan moderation body; An explanation of the National Skills Authority role and potential developments to the SETA landscape and NSDS post March 2018.
What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.
Understanding the CCMA Rules & Procedure is an explanation of the Rules for the Conduct of Proceedings before the CCMA, and an invaluable guide to the various CCMA processes and proceedings. Understanding the CCMA Rules & Procedure will assist the reader in understanding a sometimes complicated and confusing set of rules. Each CCMA rule is explained and summarised. In cases where a rule has been interpreted by the CCMA or Labour Courts, the relevant award or judgment is brought to the reader's attention. Understanding the CCMA Rules & Procedure also contains: The text of the rules for easy reference; A useful matrix of CCMA forms and their uses; Templates for rescission and condonation applications; The CCMA guidelines on misconduct arbitration; The code of conduct for CCMA commissioners.
Equality is an ideal to which we all aspire. Yet the more closely
we examine it, the more its meaning shifts. How do we explain how
equal treatment can in effect lead to inequality, while unequal
treatment might be necessary in order to achieve equality? The
apparent paradox can be understood if we accept that equality can
be formulated in different ways, depending on which underlying
conception is chosen. In this highly readable yet challenging book,
Sandra Fredman examines the ways in which discrimination law
addresses these questions.
The traditional legal textbooks aim to give students of the law a synoptic overview of the present state of law in a particular area. In doing so, most books offer only a cursory assessment of how the law came to be the way it is and what economic, political and social forces were brought to bear during its evolution. This study seeks to offer students a different kind of text, which takes as its starting point the law as it was in 1945. Guiding the student through four-and-a-half decades of almost continuous legislative activity, Davies and Freedland show how the law was created, and why it looks as it does today. The history explored is from 1945 to 1990, but not including the period since Mr Major succeeded Mrs Thatcher as Prime Minister. Paul Davies is also the editor of the "Industrial Law Journal". Mark Freedland has also written "The Contract of Employment" and "Labour Law, Cases and Materials" (with Paul Davies).
The investigations of accidents and incidents is a core part of the field of safety management and this book sees a discussion of accidents and incidents and the legislation relevant to preventing, investigating and reporting these incidents. The author also takes a look at accident causation theories, accidents and their effects, accident prevention and reporting. The economic impact of accidents and incidents warrants a commitment to understanding and preventing these accidents and incidents and this book provides the knowledge with which this can be achieved.
This second edition of Understanding the Employment Equity Act has been updated to include legislative amendments and developments in the case law since the publication of the popular first edition in 2009. Understanding the Employment Equity Act deals wi
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Providing a comprehensive, interdisciplinary overview of the gig economy from both a labour and employment perspective, this Research Agenda goes beyond the question of the employment status of platform workers. It investigates how the gig economy is changing the way people work, how the platforms' business models are spreading in our economies, and what labour and social institutions are needed to respond to the challenges that platform work raises. Covering key issues such as algorithmic management, discrimination, occupational health and safety, casual work and collective labour rights, the authors challenge the narrative that the gig economy is a set of work arrangements that cannot be regulated through existing labour legislation and governance forms. The impact of the gig economy in developing countries and the regulation of global supply changes in platform work are also addressed. With contributions from world-leading authors, this Research Agenda will be crucial reading for scholars of labour and employment law, sociologists, economists and industrial relations specialists. |
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