Browsing by Author "Abbo, Tertius"

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    Een rechtsvergelijkende studie tussen het Nederlandse en Zuid-Afrikaanse ontslagrecht : met als deelonderwerp, retrenchment
    (Stellenbosch : Stellenbosch University, 1992-11) Abbo, Tertius; Jordaan, H. A.; Stellenbosch University. Faculty of Law. Dept. of Mercantile Law.
    ENGLISH ABSTRACT: The central concern of this thesis is retrenchment. It begins with an overview of the law concerning dismissal whereafter the general position relating to retrenchment and the guidelines of the Industrial Court in that regard, are discussed. Reference is also made to retrenchment on the grounds of insolvency, closure and merger of companies. The legal position in South Africa is compared with that in Dutch labour law, with the purpose of the determining which of the two systems offer the best protection to employees faced with retrenchment. Two criteria were applied, ie that of ,~srtainty of law and the level of protection offered by the law. The differences between the two systems are substantial. While South Africa has a common law system, the Dutch have a civil law system. A second difference is the fact that in the Netherlands there exists a very strong state intervention in employment affairs to a far larger degree than in South Africa. Dutch dismissal law can be called preventive and pro-active, while the South African law appears to be largely re-active. The general conclusion is that workers' ri9hts in the event of retrenchment are more secure in Dutch labour law, and that the Dutch system offers a useful point of reference for reform of the South African position.