Principles of Delict Sexual Harassment in the Workplace
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FROM THE PUBLISHERS Principles of Delict that ours is not a law of torts was one born harm as an element. Why is the discussion of of our focus on the Aquilian tort, rather than pure economic loss not found here, but rather Third edition by Je van der Wait & on a true recognition of governing principles under wrongfulness? Because the COUltS have behind what are, cut it as one might, disparate grappled with this question in the field of JR Midgiey Roman, English and Roman-Dutch strands of wrongfulness. That does not, however, detract LexisNexis Butterworths (2005) civil wrongs, with many a common principle. from its logical place in the section on the 300 pages Be that as it may, this treatment means that kinds of harm the law of delict deals with and the book is structured to deal with elements, compensates. The reader will find all the topi Soft cover R344,74 (VAT incl) rather than delicts (or torts), and at times the cal discussions he or she is familiar with from elements that are peculiar to a particular delict law school, and plenty besides, if not always do think that publishers of textbooks the are not necessarily discussed qua part of such in the place that he or she expects to find contents of which comprise a title of The delict, but are discussed rather as patt of a them. There are some topics that arguably do ILaw of South Africa should say so promi discussion of the particular elements in the not form part of the law of delict, but regulate nently somewhere on the cover of the book. way they relate to all delicts. That, since the it so frequently (for example exclusion claus In this Third Edition, the practice of the first method is relatively consistent, is a legitimate es in contracts) that discussion of them does two editions, of having two sections, one on way to organise the book, but it does mean not seem unjustified. This book is worthwhile principles mirroring the LAWSA title, and one that, when one has moved from Aquilian prin to have (for those who do not have LAWSA). comprising a casebook of extracts, was aban ciples to the law of defamation, and one then It employs the LAWSA style of textual asser doned in favour ofhaving only the first section discusses justification and talks of defence, it tion with reference to authority by way of - hence the title. Fair enough. It is a very use is not entirely clear to what extent the justifi footnote, and does so skilfully, avoiding the ful collection of principles of delict, not least cation in issue is one of general application, temptation to waffle that ruminating about the for being up to date, and for reflecting two or one peculiar to some wrongs, particularly secrets of Carmichele and Van Duivenboden main strands (self-consciously, as the preface when it comes in a section on justifications might invite. It contains true insight, as it also states), namely the increasing constitu that do tend to be peculiar to certain torts. Nor appears to be the product of careful reading of tionalisation of the law of delict, particularly is there a general treatment of the question to what at times may appear to be incoherently in the field of wrongfulness, and, aligned to what extent elements are, as a general phe related judgments, and is good, for example, this, the increasingly 'ad hoc' nature of the nomenon, elements of some 'law of delict', in collecting the law around the Bogoshi exercise of adjudicating delict cases, what or peculiar to a tort, and if so, what is it about regime of justification and reasonableness in Paul Boberg might have termed 'Palm Tree them that makes them general or peculiar. defamation, and in containing little and not Justice'. It has the interesting feature for a co One also finds, for example, rubrics cutting too little discussions of portions of the law authored book of indicating where the authors across one another in what at times appears of delict that do not always feature in the disagree, thus happily avoiding the pretence to be a haphazard logical manner, informed textbooks. It is the kind of thing one might of consensus on every word. The most inter more by historical debates than by the logic of have handy when revisiting principles in tri esting aspect of the organisation of the book the categorisation. Bentham and Hobbes, and als involving delictual liability - to make sure is the way it weaves in and out of a treatment all those who tended to think that the art of the one has covered all the FAQs with the facts. I of the law of delict as a topic, at times, and as monograph began and ended with the neat am quite happy to have it. CD a law of torts in the English fashion, at other ness of the categories employed, might have times. I've always thought that the notion been confused at times. Take the section on Frank Snyckers, Johannesburg Bar Sexual Harassment in the a practical, yet simultaneously analytical a human rights framework, explaining how Workplace work. rights such as equality, dignity, fair labour On one level, the book aims to provide prac practices and security of the person are implicated. Refreshingly, the book treats the By R Le Roux, R Orieyn & A Rycroft tical guidance about employment practices and procedures and mediation, arbitration subject as an aspect of anti-discrimination law, presenting, as it does, an impediment to LexisNexis Butterworths (2005) and litigation processes drawing from the the full participation by (mainly) women in 177 pages authors' wealth of experience. The offerings the workplace. Soft cover R264,71 (VAT incl) are helpful and detailed, dealing with matters such as how to choose procedures (formal or On certain questions, fuller examination of informal), what questions to ask in disciplin his book is a pleasant reminder of the subject matter might be warranted, such ary or investigative processes, how to deal the extraordinary change in mindset as its theoretical underpinnings and contro Tinforming law and policy witnessed with typical problems and what causes of versies and how these issues may manifest in in the past ten years. As the first South action or defences to pursue. Dilemmas of any given forum's approach to definition or African legal publication dedicated to sexual a practical, procedural and substantive law case management. However, these are issues harassment in the workplace, this seminal nature that practitioners face when choosing that we will be debating in years to come as book should have its place on the shelves of an appropriate litigation forum and cause of the relatively new legal and policy frame any legal practitioner serious about labour action are unravelled. work is increasingly implemented. What is important now is that practitioners are law, human rights and gender issues. On substantive law questions, the book enabled to handle the subject matter sensi In a highly readable 177 pages (which has excellent chapters on the vexed and tively, constructively and meaningfully as it include appendices containing an example important issues of definition and vicarious assumes greater importance in practice. The of workplace policy and procedure, relevant liability. The book also assists in locating book achieves this without question. CD good practice codes and lists of case law and the subject within various relevant statu principal works) the authors have created tory and common law strictures and within Susannah Cowen, Cape Bar 54 ADVOCATE April 2006 .