Benchmarking Social Justice Allegiance of Dismissal Protections among the EE5 Countries

Réne Huyser, Paul Smit
2016 African Journal of International and Comparative Law  
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
more » ... l 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
doi:10.3366/ajicl.2016.0152 fatcat:c2wyvch57bcbxecq37nmvqrtmq