scholarly journals Gender in the Labour Law and Occupational Health and Safety Law Curriculum

1995 ◽  
Author(s):  
Laura Bennett
2006 ◽  
Vol 48 (3) ◽  
pp. 357-368 ◽  
Author(s):  
Joseph Catanzariti ◽  
Michael Byrnes

Despite the prospect of the new WorkChoices reforms, several important decisions handed down in 2005 will have a significant impact on particular areas of Australian labour law. The most important decisions included the findings of the Family Test Case and rulings about the meaning of reinstatement, the liability of managers for occupational health and safety breaches and the relief that can be granted in workplace bullying cases.


2018 ◽  
Vol 27 ◽  
pp. 79-87
Author(s):  
Gaabriel Tavits

New forms of employment are not in line with the assumptions or terms of the labour-law rules that are in force today. In these cases, the employer has to employ different protection mechanisms in practice. If the necessary protection is to be guaranteed, there is still a need to follow work- and rest-time rules, occupational health and safety rules, etc., yet all those obligations are connected to the workplace. Because new forms of employment, however, are usually not connected to a concrete workplace, applying all of the necessary protection mechanisms is growing more complicated, particularly when the laws and regulation are out of step with technological and other development of society. In addition, difficulties arise in connection with assessment of the quality of the work done. The article examines these issues, the roles of the employer and employee in emergent forms of work, and mechanisms that represent possibilities for the future.


2012 ◽  
Author(s):  
Andrea Bizarro ◽  
Megan Dove-Steinkamp ◽  
Nicole Johnson ◽  
Scott Ryan ◽  
Michelle Robertson ◽  
...  

2000 ◽  
Author(s):  
H. Herman-Haase ◽  
M. Quinn ◽  
J. Tessler ◽  
L. Punnett ◽  
N. Haiama ◽  
...  

Author(s):  
Thandekile Phulu

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.


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