The overlap between misconduct and incapacity in case of intoxication and alcoholism remains a grey area. It is trite that an employee can be dismissed if under the influence of alcohol during working hours. On the other ...

Reinstatement is one of the remedies for unfair dismissals. Dismissed employees have a recourse to approach the Commission for Conciliation, Mediation and Arbitration1 or labour courts to seek reinstatement. The arbitrator ...

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The study is focused on the management of Waste in South Africa by investigating and analysing the National Environmental Management Waste Act 59 of 2008. The current trends review that challenges have been noted on the ...

Considering that South Africa is part of the world initiatives to ensure maximum protection of the environment for the sake of the present and future generations, if the environment is abused or degraded, there is need to ...

In South Africa, during the then apartheid era, the mining sector had records of extremely high fatalities, injuries and occupational diseases that led to massive death of miners predominantly the Blacks. In the post-apartheid ...

Indirect discrimination is a concept which originated from the United States of America. The concept came about after the failure of anti- discrimination legislation to improve the position of Black Americans, particularly ...

This research focuses on the application of the double jeopardy principle in labour law, section 188(1)(a (b) of the Labour Relations Act 66 of 1995, (herein the LRA) which provides that the dismissal is unfair if the ...

One of the fundamental objectives of the new Companies Act 71 of 2008 is to provide for efficient rescue of financially distressed companies. It is almost four years since the Act introduced the regime of business rescue, ...

Section 24 of the constitution of the Republic of South Africa, 1996 guarantees a right to a healthy and safe environment. It provides for the environment which is beneficial, conducive and productive to the community. ...