Benchmarking social justice allegiance of dismissal protections among the EE5 countries

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Authors

Huyser, Rene
Smit, P.A. (Paul Andries)

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Journal ISSN

Volume Title

Publisher

Edinburgh University Press

Abstract

The primary motivation for this paper is the quest for social justice in employment protection. This paper presents a method for the scientific assessment, measurement, comparison and benchmarking of social justice allegiance in employment protection generally, and dismissal protection specifically. A generic social justice framework is propositioned which framework is customised in terms of employment protection. We argue that this framework promotes the development of social justice indicators that cumulatively reveals an instrument in the form of a tangible score-card, capable of measuring and comparing social justice allegiance inherent to dismissal protections. This Social justice score-card is applied to the current statutory dismissal protections of the EE5 countries. Jointly, the five score-cards represent a scientific social justice index. The results of this research paper show that all five jurisdictions suggest some measure of allegiance to social justice. Comparatively, in order of strongest to weakest social justice allegiance, the EE5 jurisdictions are ranked as follows: South Africa, India, Indonesia, China, and Brazil.

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Keywords

Primary motivation, Social justice, Employment protection, Benchmarking

Sustainable Development Goals

Citation

Huyser, R & Smit, P 2016, 'Benchmarking social justice allegiance of dismissal protections among the EE5 countries', African Journal of International and Comparative Law / Revue Africaine de Droit International et Comparé, vol. 24, no. 2, pp. 242-271.