Dismissal during Probationary Period of Employment in South Africa: An International Perspective

2021 ◽  
Vol 29 (4) ◽  
pp. 479-498
Author(s):  
Paul Smit ◽  
Joaquin Grobler
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
The Netherlands ◽  
International Perspective ◽  
International Standards ◽  
International Labour Organisation ◽  
The United Kingdom ◽  
General Terms ◽  
The Right ◽  
Probationary Period

It is a universally acceptable practice to employ newly hired employees on a probationary period. In general terms the purpose of probation is to give the employer an opportunity to evaluate the employee's performance before confirming the appointment. This in itself seems to be an uncomplicated process; however, the scenario, especially in South Africa, becomes more complicated if an employer wants to terminate an employee's service during the probationary period of employment or terminate the services of an employee at the end of the probationary period. The right to a fair dismissal is well recognised in South African labour law; this right also extends to employees during their probationary period of employment. Convention 158 of the International Labour Organisation (ILO) provides guidelines in respect of the termination of employment, also during the probation period. In this article the ILO's standards with regard to the termination of employment during probation are considered. South Africa was a former colony of the Netherlands and the United Kingdom, in light of this the respective positions on dismissal during the probation period of employment in the Netherlands and the United Kingdom are also analysed. This provided the researcher with an opportunity to determine if South Africa's dismissal regime during the probationary period of employment is in line with some international perspectives and it appears that dismissal during the probationary period of employment in South Africa is out of step with international standards and developments.

Strike Ballots, Democracy, and Law

2020 ◽  
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston
Keyword(s):  
United Kingdom ◽  
The United States ◽  
International Labour Organisation ◽  
Human Right ◽  
Strike Activity ◽  
Legal Rules ◽  
Worked Example ◽  
The United Kingdom ◽  
Democratic Rights ◽  
The Right

The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a requirement that to be lawful strike action must first be approved by a ballot of workers concerned. Often, these requirements are said to be necessary to protect the democratic rights of the workers concerned: this is the so-called ‘democratic imperative’. In order to evaluate the true purpose and effect of ballot requirements the book draws upon the detailed empirical study of the operation of the Australian legislative provisions noted above; a comparative analysis of law and practice in a broad range of countries, with special reference to Canada, South Africa, the United Kingdom and the United States; and the jurisprudence of the supervisory bodies of the International Labour Organisation. It finds that in many instances ballot requirements – especially those relating to quorum – are more concerned with curtailing strike activity than with constructively responding to the democratic imperative. Frequently, they also proceed from a distorted perception of what ‘democracy’ could and should entail in an industrial context. Paradoxically, the study also finds that in some contexts ballot requirements can provide additional bargaining leverage for unions. Overall, however, the study confirms our hypothesis that the principal purpose of ballot requirements – especially in Australia and the United Kingdom – is to curtail strike activity rather than to vindicate the democratic imperative, other than on the basis of a highly attenuated reading of that term. We believe that the end-result constitutes an important study of the practical operation of a complex set of legal rules, and one which exposes the dichotomy between the ostensible and real objectives underpinning the adoption of those rules. It also furnishes a worked example of multi-methods empirical, comparative and doctrinal legal research in law, which we hope will inspire similar approaches to other areas of labour law.

scholarly journals Mothers and others: Transgender birth, birth registration and the rights of the child, with a focus on the United Kingdom and South Africa

2020 ◽  
Vol 20 (4) ◽  
pp. 203-223
Author(s):  
Julia SlothNielsen ◽  
Rachel SlothNielsen
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Gender Identity ◽  
Birth Certificate ◽  
Best Interests ◽  
Birth Registration ◽  
The United Kingdom ◽  
Rights Of The Child ◽  
Legal Situation ◽  
The Right

The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well arise in South Africa, our country of origin. The first part of the discussion relates to a claim of a trans man who gave birth to be registered as the father of the child. The legal situation in South Africa and the United Kingdom is compared, and particular focus is placed on the meaning of ‘mother’. A second issue for discussion relates to the right of the child born to a trans person to birth registration, notably, what the child’s interests are in relation to his or her parent’s identification details on his or her birth certificate. We conclude that the gender identity of the trans parent must be the primary factor determining his or her registration as a parent on the birth certificate, and that this solution also better serves the child’s best interests.

scholarly journals Lessons on Parental Leave: A Comparative Analysis of Parental Leave in South Africa and the United Kingdom

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 787-805
Author(s):  
Asheelia Behari
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Comparative Analysis ◽  
Maternity Leave ◽  
Parental Leave ◽  
Primary Role ◽  
The United Kingdom ◽  
Participation Of Women ◽  
Labour Participation ◽  
The Right

Recent amendments to the Basic Conditions of Employment Act 75 of 1997 have resulted in the introduction of parental leave. This provides employees with 10 consecutive days of time off from work to care for their newborn babies and may commence from the day of the birth. The right to parental leave has the additional benefit of impacting gendered social assumptions that place women in the primary role of caregiver and a secondary role as worker. With the rise in the labour participation of women, there has been an increase in the need for the involvement of men in the caregiving and upbringing of children in the home. Although parental leave applies to men and women, it has been enacted with the objective of encouraging working fathers to participate as caregivers and to share in the burden of care placed on new mothers to care for themselves and their newborn babies during maternity leave. This article considers the effects of parental leave as a recent addition to South African law by conducting a comparative analysis with the long-established parental leave models of the United Kingdom. These include the right to parental leave that is applicable to a parent who has parental responsibility for a child, and a right to shared parental leave, which allows the mother of the child to share her maternity leave with the other parent of the child. The parental leave rights of the United Kingdom have been developed to provide employees with choice and flexibility to accommodate their caregiving responsibilities, and may indicate a trajectory for the progression of the newly enacted right to parental leave in South Africa.

scholarly journals International Experience of Organization and Activities of Forensic Expert Institutions

2020 ◽  
Vol 91 (4) ◽  
pp. 235-244
Author(s):  
V. V. Chumak
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
Legal Status ◽  
Legal Regulation ◽  
International Experience ◽  
International Standards ◽  
Level Of Functioning ◽  
The United Kingdom ◽  
Forensic Institutions ◽  
Further Development

The author of the article studies international experience of the organization and activities of forensic institutions on the example of such countries as Germany, France, the Netherlands, Czech Republic and the United Kingdom. The legislative features of the functioning of forensic institutions and the regulation of the legal status of experts are noted. It is determined that regardless of the departmental subordination of forensic institutions, their activities are based on international standards. The author has identified a scientific novelty, which consists in the further development of the provisions obtained by scientists and scholars on the organizational structure and practical activities of forensic institutions both in Ukraine and abroad, as well as the formulation of new conceptual provisions, conclusions and propositions for improving regulation of forensic activity in Ukraine. The author of the article proves that the organization and activities of forensic institutions in France are based on national and international law regulating the specifics of forensic examinations and the legal status of the expert. The author concludes that forensic activities in Germany, France, Spain, the Netherlands and the United Kingdom are carried out effectively, and its legal regulation takes place without violation of human rights and freedoms in compliance with international rules and standards. Their legislation, which addresses the organization and operation of forensic institutions, is aimed at respecting the rights and freedoms of a man and citizen, protection of the rights and interests of forensic experts. The author of the article defines that the implementation of international norms and standards of organization and activity of forensic institutions brings expert institutions to a new level of functioning. This makes it possible to create an effective mechanism for the management and operation of forensic institutions and experts, which will determine the high requirements for forensic examination, increase the professional level and efficiency of employees of expert institutions, which can meet the needs of modern justice.

International Whaling Commission

1954 ◽  
Vol 8 (3) ◽  
pp. 424-424
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
New Zealand ◽  
The Netherlands ◽  
The United States ◽  
Vice Chairman ◽  
International Whaling Commission ◽  
New Methods ◽  
The United Kingdom

The International Whaling Commission held its fourth meeting in London from June 3 to June 6, 1952. Represented were all of the seventeen member governments except Mexico, namely: Australia, Brazil, Canada, Denmark, France, Iceland, Japan, the Netherlands, New Zealand, Norway, Panama, Sweden, the Union of South Africa, the USSR, the United Kingdom and the United States. The Commission elected Dr. Remington Kellogg (United States) chairman, and Dr. J. G. Lienesh (the Netherlands) vice-chairman. Amendments to paragraph 6, paragraph 8 (c), and paragraph 8 (e) of the schedule of the International Whaling Convention were adopted at the meeting, and entered into force in September 1952. In closing, the Commission agreed that research in new methods of whale marking should be pursued, “but if funds should not allow this, marking by the existing methods should continue. The current catch limits … were extended to the 1952/53 season, retaining the same opening date now in force.”

Nederlandse wet- en regelgeving rondom zzp'ers in internationaal perspectief

2017 ◽  
Vol 33 (3) ◽  
Author(s):  
Lian Kösters
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
International Perspective ◽  
Institutional Factors ◽  
Supply Side ◽  
Demand Side ◽  
Costs And Benefits ◽  
Literature Study ◽  
Self Employment ◽  
The United Kingdom

Dutch legislation on solo self-employed persons from an international perspective In comparison to other European countries, the Netherlands has a lot of solo self-employed persons and has also experienced a strong growth in this number in recent years. It is likely that Dutch legislation and regulations play a role in this, although this is difficult to determine empirically. In the development of the share of solo self-employed persons, the choice to become a solo self-employed (supply side) and the choice of employers to hire solo self-employed (demand side) both play a role. The laws and regulations in a country can influence these choices. Based on a literature study, this article aims to provide an overview of the costs and benefits of solo self-employment and the institutional factors that can influence the weighting of these costs and benefits. The Netherlands is compared with four other countries, namely Belgium, Germany, the United Kingdom and Denmark. The outcome shows that under Dutch legislation hiring solo self-employed instead of employees is beneficial for employers in several ways. The Netherlands also has a number of targeted schemes that make it attractive for people to become solo self-employed.

scholarly journals RIC in COVID-19—a Clinical Trial to Investigate Whether Remote Ischemic Conditioning (RIC) Can Prevent Deterioration to Critical Care in Patients with COVID-19

2021 ◽  
Author(s):  
Sean M. Davidson ◽  
Kishal Lukhna ◽  
Diana A. Gorog ◽  
Alan D. Salama ◽  
Alejandro Rosell Castillo ◽  
...  
Keyword(s):  
South Africa ◽  
Clinical Trial ◽  
United Kingdom ◽  
Inflammatory Cytokines ◽  
In Vitro Cytotoxicity ◽  
Cytokine Storm ◽  
Remote Ischemic Conditioning ◽  
Ischemic Conditioning ◽  
The United Kingdom

Abstract Purpose Coronavirus disease 19 (COVID-19) has, to date, been diagnosed in over 130 million persons worldwide and is caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). Several variants of concern have emerged including those in the United Kingdom, South Africa, and Brazil. SARS-CoV-2 can cause a dysregulated inflammatory response known as a cytokine storm, which can progress rapidly to acute respiratory distress syndrome (ARDS), multi-organ failure, and death. Suppressing these cytokine elevations may be key to improving outcomes. Remote ischemic conditioning (RIC) is a simple, non-invasive procedure whereby a blood pressure cuff is inflated and deflated on the upper arm for several cycles. “RIC in COVID-19” is a pilot, multi-center, randomized clinical trial, designed to ascertain whether RIC suppresses inflammatory cytokine production. Methods A minimum of 55 adult patients with diagnosed COVID-19, but not of critical status, will be enrolled from centers in the United Kingdom, Brazil, and South Africa. RIC will be administered daily for up to 15 days. The primary outcome is the level of inflammatory cytokines that are involved in the cytokine storm that can occur following SARS-CoV-2 infection. The secondary endpoint is the time between admission and until intensive care admission or death. The in vitro cytotoxicity of patient blood will also be assessed using primary human cardiac endothelial cells. Conclusions The results of this pilot study will provide initial evidence on the ability of RIC to suppress the production of inflammatory cytokines in the setting of COVID-19. Trial Registration NCT04699227, registered January 7th, 2021.

scholarly journals Test–retest reliability of the EQ-5D-5L and the reworded QOLIBRI-OS in the general population of Italy, the Netherlands, and the United Kingdom

2021 ◽  
Author(s):  
Di Long ◽  
Suzanne Polinder ◽  
Gouke J. Bonsel ◽  
Juanita A. Haagsma
Keyword(s):  
United Kingdom ◽  
General Population ◽  
The Netherlands ◽  
Web Based ◽  
Retest Reliability ◽  
The United Kingdom ◽  
Sum Score ◽  
Summary Index ◽  
Test Retest Reliability ◽  
Eq Vas

Abstract Purpose To assess the test–retest reliability of the EQ-5D-5L and the reworded Quality of Life After Traumatic Brain Injury Overall Scale (QOLIBRI-OS) for the general population of Italy, the Netherlands, and the United Kingdom (UK). Methods The sample contains 1864 members of the general population (aged 18–75 years) of Italy, the Netherlands, and the UK who completed a web-based questionnaire at two consecutive time points. The survey included items on gender, age, level of education, occupational status, household annual income, chronic health status, and the EQ-5D-5L and reworded QOLIBRI-OS instrument. Test–retest reliability of the EQ-5D-5L dimensions, EQ-5D-5L summary index, EQ VAS, reworded QOLIBRI-OS dimensions and reworded QOLIBRI-OS level sum score was examined by Gwet’s Agreement Coefficient (Gwet’s AC) and Intraclass Correlation Coefficient (ICC). Results Gwet’s AC ranged from 0.64 to 0.97 for EQ-5D-5L dimensions. The ICC ranged from 0.73 to 0.84 for the EQ-5D-5L summary index and 0.61 to 0.68 for EQ VAS in the three countries. Gwet’s AC ranged from 0.35 to 0.55 for reworded QOLIBRI-OS dimensions in the three countries. The ICC ranged from 0.69 to 0.77 for reworded QOLIBRI-OS level sum score. Conclusion Test–retest reliability of the EQ-5D-5L administered via a web-based questionnaire was substantial to almost perfect for the EQ-5D-5L dimensions, good for EQ-5D-5L summary index, and moderate for the EQ VAS. However, test–retest reliability was less satisfactory for the reworded QOLIBRI-OS. This indicates that the web-based EQ-5D-5L is a reliable instrument for the general population, but further research of the reworded QOLIBRI-OS is required.

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