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Now showing items 1-8 of 8
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The close connection test for vicarious liability
(Juta Law Publishing, 2007-01)The requirements for the vicarious liability of an employer are threefold : an employment relationship, the commission of a delict, and that the delict must have been committed within the scope (sometimes course and scope) ... -
A comparative perspective on the application of domestic labour legislation in international employment disputes
(Juta Law Publishing, 2013-01)An analysis of different methods of dealing with the application of domestic legislation in international employment disputes in the chosen jurisdictions indicates that two broad approaches are followed, namely a private ... -
The expediency of including claims based on disablement caused by sexual harassment in South Africas system of workers compensation
(Juta Law, 2016-12)This article investigates whether it is feasible to include compensation for disablement arising from a psychological disorder caused by sexual harassment in the South African workers’ compensation system. The authors argue ... -
The liability of employers for the harassment of employees by non-employees
(Juta Law Publishing, 2009-03)Employees who suffer work-related harassment by non-employees in circumstances in which the employer does not protect them can neither institute action against their employer on the basis of vicarious liability, nor in ... -
The precarious employment position of ministers of religion : servants of God but not of the church
(Juta Law Publishing, 2017)South African courts have in recent years progressively extended protection against unfair dismissal to categories of persons not previously regarded as employees. Courts interpreted labour legislation in light of the ... -
Restraint of trade agreements in employment contracts : time for Pacta Sunt Servanda to bow out?
(Juta Law Publishing, 2011-01)Clauses in restraint of trade in employment contracts still lag behind in respect of protection afforded to employees. There is no legislation regulating these agreements and the unequal bargaining position of employees ... -
Should teachers have the right to strike? The expedience of declaring the education sector an essential service
(Juta Law Publishing, 2013-01)Concern about the impact of teachers' strikes on the right of children to basic education has led to calls that education should be designated an essential service. The authors argue that this is not feasible as it is not ... -
Vicarious liability of employers : reconsidering risk as the basis for liability
(Juta Law, 2005-02)Vicarious liability is a doctrine of liability without fault in terms of which one person is held liable for the unlawful acts of another. In the context of the employment relationship, the employer can be held liable ...
