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The changing public policy and automatic termination of fixed-term employment contracts in South Africa
(2017)
Automatic termination is an accepted means of terminating fixed-term employment relationships. The use of "automatic termination" clauses in employment contracts has become commonplace. Awareness of the potential for abuse ...
Hate speech and racial slurs in the South Afican context : where to start
(PER/PELJ, 2020)
Protecting people against hate speech and racist slurs requires
weighing up several fundamental rights. To maintain legitimacy
in enforcing the legislative protection, a fine balance must be
struck between the rights ...
Demystifying hate speech under the PEPUDA
(PER/PELJ, 2020)
The factual matrix that is considered in each hate speech case
differs from that in the next. However, certain factors always
remain key in the process of balancing the different constitutional
rights at play: who the ...
Jurisdictional and procedural technicalities in hate speech cases: South African Human Rights Commission v Khumalo 2019 1 SA 289 (GJ)
(PER/PELJ, 2020)
The jurisdiction or competence of the Equality Court to hear a dispute concerning alleged hate speech is affected by various jurisdictional factors. The decision in South African Human Rights Commission v Khumalo 2019 1 ...
The reinstatement and compensation conundrum in South African labour law
(2016)
The SBV Services (Pty) Ltd case brought a novel concept into the labour dispute resolution arena: arbitrators must inform employees who succeed in proving that they were dismissed for an unfair reason of the implications ...