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Professor Rochelle Le Roux

Profile

B.Juris LLB UPE LLM US PGDip (Employment Law and Social Security) UCT LLM Anglia Ruskin PhD (UCT).

Prof Le Roux a qualified attorney and conveyancer and practised with a law firm in Cape Town before joining academia in 1994. Currently she is a professor in the Faculty of Law, and lectures mainly labour law.

In 1990 she obtained a Master's degree in International Water Law from the University of Stellenbosch, but as a result of personal interest and the demands of practice, she developed an interest in labour law. In 2000 she obtained a PG Dip (Employment Law and Social Security) from the University of Cape Town and 2002 she graduated with another Master's degree (in Sports Law) from Anglia Ruskin University. In 2008 she graduated with a PhD in labour law from the University of Cape Town.

Since 2002 she regularly published in peer-reviewed/accredited journals on both labour law and sports law issues. In 2005 she published a book Sexual Harassment in the Workplace: Law, Policies and Processes co-authored by Thandi Orleyn and Alan Rycroft. A further edition of this book, Harassment in the Workplace: Law, Policies and Processes, was published during August 2010.

Teaching

Labour Law (convener) (LLB)
Individual Employment Law (convener) (LLM)

Publications

2010

Harassment in the Workplace: Law, Policies and Processes with A Rycroft T Orleyn (Butterworths LexisNexis, Durban) 1-215

"Droit du travail et de la sécurité sociale dans le sport sud-africain" Bulletin de droit comparé du travail et de la sécurité sociale 2010, Bordeaux, 159-183 (à paraitre)

"Evolution of the contract of employment in South Africa" (2010) 39(2) Industrial Law Journal (UK) 139

"Dialogue concerning externalisation and multilateral employment" (2010) 1 De Jure

2009

Understanding the Labour Relations Act, Juta's Pocket Companions, Jordaan, Kalula and Strydom (eds), Juta Law, Jordaan, B; Van Jaarsveld, M & Le Roux, R. 1-229

"The Meaning of ‘Worker' and the Road Towards Diversification: Reflecting On Discovery, Sita And ‘Kylie'" 2009 (30) Industrial Law Journal 49

"Research and publishing in law - no need for a Big Bang". Paper presented at the Association of South African Law Teachers Conference, Pietermaritzburg. (With Dr Lyn Holness)

"Sexual Harassment Case Law update". Paper presented at the 22nd Annual Labour Law Conference, Johannesburg (With Sufia Singlee)

"The PDA - An inquiry into wrongdoing or providing protection". Paper presented at Litigation seminar: Protected Disclosure Act - Open Democracy Advice Centre, Johannesburg

"The World of Work: Forms of Engagement in South Africa". Paper presented at the 15th World Congress of the IIRA, Sydney

"The contract of employment" Chapter in Thompson and Benjamin South African Labour Law, Juta

The World of Work - Institute of Development and Labour Law Monograph series (02/2009)

2008

"Reinstatement: When does a continuing employment relationship become intolerable?" 2008 (29) 1 Obiter 69

"A rebel without a c(l)ause: The meaning of ‘worker' and diversification". Paper presented at the national SASLAW Conference, Durban, October 2009

PhD thesis (UCT): "The Regulation of Work: Whither the Contract of Employment?: An analysis of the Suitability of the Contract of Employment to Regulate the Different Forms of Labour Market Participation by Individual Workers"

2007

"Employment" chapter in F Du Bois (ed) Wille's Principles of South African Law 9ed (2007) Juta, Cape Town.

"Sexual harassment in the workplace: Understanding the employer's liability?" paper presented at the Employment Relations Conference, 5 June 2007, Johannesburg.

"When does a continuing employment relationship become intolerable?" paper presented at the 20th Annual Labour Law Conference, Johannesburg

"Sexual Harassment in the Workplace" - lunchtime presentation to staff at the Law firm Denys Reitz (October 2007), Cape Town

"The worker: Towards labour law's new vocabulary" 2007 (124) 3 South African Law Journal 469.

2006

"Labour law in South African Sport: A season of expectations?" (2006) 1-2 The International Sports Law Journal 56-59.

"Anatomy of a benefit: A labybrinthine enquiry" 2006 (27) Industrial Law Journal 53-66.

"The law, sexual harassment and the best way to go" 29(6) Dec 2006/Jan 2006 South African Labour Bulletin 38-39.

"Sexual harassment in the workplace: a matter of more questions than answers or do we simply know less the more we find out?" 2006 10 (1) Law, Democracy & Development 49-67.

"Managing Racism in the Workplace: Any lessons to be learnt from SATAWU obo Finca v Old Mutual Life Insurance Company (SA) Limited and Burger" paper presented at the 19thAnnual Labour Law Conference, Johannesburg.

"When is enough, enough? Reflecting on recent South African case law on the extent to which employers should be liable for the racist (and other discriminatory) conduct of their employees in the workplace" lunchtime lecture presented at the Faculty of Law, University of Melbourne, July 2006

"Section 60 of the Employment Equity Act, 1998: Will a comparative approach shake this joker out of the pack?" 2006 (27) 3 Obiter 411.

2005

Sexual Harassment in the Workplace: Law, Policies and Processes with T Orleyn & A Rycroft (Butteworths LexisNexis, Durban) 1-177.

"Employment issues in sport" In R. Cloete (ed) Introduction to Sports Law in South Africa 67-93, Butterworths LexisNexis - Durban.

2004

"Be(a)tting on expectations: Labour law issues in sport." Paper presented at the 2004 Sports Law Update, Pretoria.

"Performance clauses in sport contracts." Paper presented at the South African Sport Science Conference, Johannesburg.

"The vicarious liability of the employer for the sexual harassment of an employee in the workplace." Paper presented at the 17th Annual Labour Law Conference, Johannesburg.

"The World Anti-Doping Code: A South African perspective" (2004) 26 South African Journal for Research in Sport, Physical Education and Recreation 65.

"Annus horribilis for South African sport?" (2004) 1-2 The International Sports Law Journal 51.

"Aspects of South African law as it applies to corruption in the workplace" (2004) 17 (2) South African Journal of Criminal Justice/Suid-Afrikaanse Tydskrif vir Strafregspleging 158.

"Does the Constitution fail workers?" (2004) 28(2) South African Labour Bulletin 47.

"Sexual harassment in the workplace: reflecting on Grobler v Naspers" (2004) 25 Industrial Law Journal 1897.

"The cas(e) for sport" Newsletter Sports Law Association of South Africa 3 (2004).

"About updates and Olympics" Newsletter Sports Law Association of South Africa 4 (2004).

"Deliciously Nutty!" Newsletter Sports Law Association of South Africa 5 (2004).

"Vicarious liability for sexual harassment in the workplace" Lunchtime lecture presented at the Faculty of Law at the University of Melbourne, July 2004.

2003

"Is Tsimba chipped? Reflecting on the IRB rule that a player may only represent one country." Paper presented at the UCT/RAU Sports Law Conference, Cape Town. (See Sport: The Right to Participate and Other Legal Issues R Le Roux & S Cornelius (eds), 2003, 18-32.)

"Corruption in the workplace: the whistle blower's dilemma." Paper co-presented (with G Ghalant) at the 16th Annual Labour Law Conference, Johannesburg.

"AWOL. A clear case for summary dismissal" (2003) 11(2) Juta's Business Law Journal 38.

"How divine is my contract? Reflecting on the enforceability of player/athlete contracts in sport" (2003) 15(1) SA Mercantile Law Journal 116.

Sport: The Right to Participate and Other Legal Issues R Le Roux & S Cornelius (eds). 2003. (Selected papers from the Sports Law Conference held at the University of Cape Town 6-7 February 2003.)

"Vicarious liability: Revisiting an old acquaintance" (2003) 24 ILJ 1879.

2002

"The impact of the amendments on the residual unfair labour practices." Paper presented at the Excellante International Labour Relations Amendments Conference, Johannesburg May 2002 and Cape Town August 2002.

"Transferring a football player: not quite section 197 of the LRA." Paper presented at the 15th Annual Labour Law Conference, Johannesburg.

"Under starter's orders: Law, labour law and sport?" (2002) 23 Industrial Law Journal 1195.

"Agricultural workers: A historical and contemporary perspective" Occasional paper 1/2002 IDLL.

"The Cronjé affair: Reflecting on match-fixing in cricket" (2002) 2 The International Sports Law Journal 11.

"Residual unfair labour practices: Another unhappy definition" (2002) 10(2) Juta's Business Law Journal 86.

"The impact of the 2002 amendments on residual unfair labour practices" (2002) 23 Industrial Law Journal 1699.

"Not so clear, unambiguous, unconditional and unequivocal" (2002) 10(3) Juta's Business Law Journal 108.

2001

"Kerk en Vigs" Die Kerkbode 1 December 2001 14. (Non-legal publication Translated: "The church and AIDS".)

"Employers beware! Be consistent!" (2001) 9(3) Juta's Business Law 121.

"Cricket is not for cheats - Cronjé loses court appeal" (2001) 6 Sports Law Bulletin 18.

"Corruption in sport: the lessons to be learned from South African cricket." Paper presented at the ANZSLA Sports Law Conference, Perth, Australia 2001.

2000

"Disciplinary procedures: where are we now?" (2000) 8(2) Juta's Business Law 51.

"Inherent job requirements in the religious profession." Paper presented at the Association of South African Law Teachers Conference, Durban.

1995

"Does the Constitution have any implications for ordinary contractual relationships?" (1995) 3(3) Juta's Business Law 1995 132

 

"A creditor left to ‘dree his weird'" (1996) 4(4) Juta's Business Law 1996 57