Does the Labour Court have jurisdiction to adjudicate disputes between a South African employer and a South African employee where the employee performs work for the employer in a foreign country? This is a question that should be considered, as one effect of globalisation is that South African ...
as the Judge-President has responsibility for designating the senior labour judge, and indeed of appointing the members to it, on the recommendation of the Labour Advisory Council.222 The Labour Court will have jurisdiction over appeals against decisions of the Labour Commissioner, arbitrators, and ...
Theworker couldnotleave thepremisesof theen-terprisewithoutconsent.The coreofthe indenturecontractwas thepenalclause,whichsubjectedtheworker to criminaljurisdictionin caseof abreachof contractby refusingworkor otherinfractionsthreateninglabourdiscipline.Actualsurveillance of contracts wasinthe handsof civil ...
Thomas Risse and Katharyn Sikkink, ‘The Socialisation of International Human Rights Norms into Domestic Jurisdiction: Introduction’ 6, in Thomas Risse, Stephen C; Ropp, Katharyn Sikkink, The Power of Human Rights: International Norms and Domestic Jurisdiction (ed.) (Cambridge, University of Cambridg...
and the 1910 International Convention for the Suppression of White Slave Traffic. The Conventions were ‘limited to the process of recruitment and transportation and did not address the end purposes of trafficking’ (Chuang,1998, pp. 74–75), which was considered a matter of domestic jurisdiction...
In the same footnote, the court went on to say that '[s]ection 168(3)(a) of the Constitution now reads: "The Supreme Court of Appeal may decide appeals in any matters arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa, ...
What becomes clear from this case is that the unfair labour practice jurisdiction cannot be used to assert an entitlement to new benefits, new forms of remuneration or new policies. The Labour Appeal Court criticizes the distinction between salaries and remuneration drawn by our courts and describes...
of employment was invalid and therefore unenforceable in law. The Labour Appeal Court, on the other hand, overturned the Labour Court's decision and held that the CCMA has jurisdiction to resolve the dispute, regardless of the fact that sex work is still illegal under the South African law....
What becomes clear from this case is that the unfair labour practice jurisdiction cannot be used to assert an entitlement to new benefits, new forms of remuneration or new policies. The Labour Appeal Court criticizes the distinction between salaries and remuneration drawn by our courts and describes...
National Industrial Court of NigeriaJurisdictionLabour CourtNigeriaSouth AfricaThe likelihood of appealing against the decision of a court of first instance is no doubt an acceptable culture in every judicial system. In fact, it is implicit in every adjudicatory process that a court cannot mostly be...