“Inherent requirements of the job” and “reasonable accommodation” are important concepts when considering the distinction between disability and incapacity in the workplace. In this reported judgment of the Labour Court (Gugwini v National Consumer Commissioner (2023) 44 ILJ 2237 (LC)) the employee, a senior researcher, was declared legally blind. The National Consumer Commissioner’s
Romy Allen
Courts will rarely refuse to enforce contracts on grounds of public policy
By Siyabonga Mathe & Romy Allen on
Contracting parties cannot escape the enforcement of a contract on the basis of the terms being contrary to public policy unless they can prove that the terms are so unfair, unreasonable or unjust in the circumstances that a court should intervene. The Constitutional Court reaffirmed that although constitutional values such as Ubuntu, reasonableness and fairness…