CURRICULUM VITAE

PROF STEFAN VAN ECK

2018

1. BIOGRAPHICAL SKETCH

1.1 GENERAL INFORMATION

Surname Van Eck Identification RSA ID

First names Bruno Paul Stefan

Citizenship South African Title Prof Female Male X

Place of birth

Douglas, RSA Date of birth 22 October 1963

Languages Afrikaans 1st

English

2nd

Department Mercantile Law Position Professor

Direct Telephone

(012) 420 2763 Direct Telefax (012) 420 4010

E-mail stefan.vaneck@up.ac.za

Date of appointment

1 January 1989 Permanent full-time

X Temporary full-time

1.2 ACADEMIC QUALIFICATIONS OBTAINED

Degree/

Diploma

Field of study Higher education institution Year

BLC Law University of Pretoria 1986

LLB Law University of Pretoria 1988

LLD Labour Law University of Pretoria 1994

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1.3 WORK EXPERIENCE TO DATE

Name of employer Capacity and/or type of work Period

From mm//yy to mm//yy

University of Pretoria Academic assistant Feb 1988 to Nov 1988

University of Pretoria Lecturer Jan 1989 to Dec 1989

University of Pretoria Senior Lecturer Jan 1990 to Dec 1995

UP Legal Aid Clinic Candidate Attorney Jan 1996 to Dec 1996

University of Pretoria Associate Professor Jan 1996 to Dec 1997

University of Pretoria Full Professor Jan 1998 to date

University of Pretoria Acting Deputy Dean, Faculty of Law April 1999 to June 1999

University of Pretoria Head: Mercantile Law (1st term) Oct 2007 to Oct 2011

University of Pretoria Head: Mercantile Law (2nd term) Oct 2011 to Dec 2016

University of Pretoria Director: Centre for Insolvency, Labour and Company Law

June 2016 -

2. TEACHING ACTIVITIES

2.1 Courses presented

Course Level Self-Developed

(Yes/No)

Commercial Law 110 / 120 (KRG 110 / 120) Law of contract 1989-1990; Course leader during 1990

First year

No

Mercantile Law 310 (HRG 310) Credit agreements 1990-1991; Course leader 1991

Third year

Yes

Commercial Law 200 (KRG 200) Labour law and credit agreements during 1998

Second year

No

Business Law 220 (BRG 220) Credit agreements, lease, insolvency law, company law, close corporations and partnerships 1999

Second year

No

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Mercantile Law 320 (HRG 320) Labour law 1990-2000; Course Leader

Third year

Yes, co-developed with Prof CJ Nagel

Labour Law 210 (ABR 210) Labour law between 2000-2011; Course leader

Second year

Yes

Labour Law 311 (ABR 311) Labour law between 1991-2000; Course leader

Third year

Yes, co-developed with Prof SR van

Jaarsveld

Fundamental Labour Law 420 (ABR 420) Labour law 1998-2007 and 2010; Course leader

Fourth year

Yes, co-developed with Prof SR van

Jaarsveld

Advanced Civil Litigation 820 (ACL 820) Advanced labour dispute resolution 2004-2009

Masters

Yes, co-developed

with Prof A Boraine

Legal Aspects of Project Management 803 (ILC 803) Labour law 2000-2015; Course leader every second year

Masters

Yes, co-developed

with Ms B Prozesky-Kuschke

Legal Aspects of Project Management (University of Paris (Sorbonne) 2007

Masters

Yes

Advanced Labour Law 820 (ABR 820) Advanced Labour Law; 50% during 2000-2003

Masters

Yes, co-developed with Prof SR van

Jaarsveld

Collective Labour Law 820 (KRB 820) Collective Labour Law; 2002-2015; Course leader

Masters

Yes

International Labour Law 801 (ITA 801) International Labour Law; 2012- 2015 Course Leader

Maters

Yes

2.2 Other education and pedagogic courses presented

Course Year Institution

Program in Project Management

2002-2005

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University of Pretoria (CE@UP - short course in legal aspects of project management)

Certificate in Sports Law

2005 to 2013 University of Pretoria (CE@UP – short course in Labour Law Practice)

Labour Law for candidate attorneys presented at the University of Pretoria Law School

2002 to date

University of Pretoria Law School

Programme in Disciplinary Hearings

2007 to date

University of Pretoria (CE@UP - short course)

Program in Advanced Labour Law 2000 to date

University of Pretoria (CE@UP - short course)

3. TEACHING OUTPUTS

3.1 Educational publications and products Study guides, learning materials, multimedia productions (CDs) and educational videos.

Over the years I have developed many educational guides and products to supplement my own teaching. The following are a representative sample:

1. Study Guide: Labour Law 420. 2. LLM Study Guide: Collective Labour Law 820 and International Labour Law 801. 3. Master’s Study Guide: Module on Legal Aspects of Project Management (ILC 803) for

the Engineering Faculty which is web-based and aimed at distance learning which includes a wrap-around text.

4. Co-presenter: CD for distance learning on Advanced Insolvency Law Course presented

through CE@UP and primarily developed by Prof David Burdette.

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4. OTHER TEACHING CONTRIBUTIONS

4.1 Membership and management of national and international bodies

1. Member of the National Management Committee of the South African Society Labour

Law (SASLAW) – portfolio “Internationalisation

2. Member of the International Management Committee (Vice-President of the African Region) of the International Society for Labour and Social Security Law (ISLSSL is an international Labour Law Society for academics and labour practitioners)

3. Chair and founding member of the African Labour Labour Law Society

4.2 Visits to local and overseas universities as guest professor

1. Series of lectures on Workplace Bargaining and Employment Equity during research visit

to Australia during 2001: University of Western Australia (Prof William Ford, Perth); University of Sydney (Prof Ron McCullum) LLM lecture and lecture to Blake, Dawson & Waldron Attorneys, Sydney; Monash University (Prof Marilyn Pittard) Faculty lecture and lecture to LLB students, Melbourne; Deacon University, (Prof Jean du Plessis) Faculty lecture, Melbourne; University of Melbourne (Prof Richard Mitchell and Prof Collin Fenwick) Melbourne

2. Series of lectures on Employment Equity and Affirmative action during a research visit to

the United States of America during 2005: Columbia University (Prof Peter Rosenblum) faculty discussion, New York; New York Law School, (Prof Steve Ellmann) faculty discussion; Jackson Lewis (Mr Johan Lubbe) Lecture to employment practitioners, White Plains of Manhattan; Washington University (Prof Charlie Craver) faculty discussion

3. Invited guest professor: Université Paris Panthéon-Sorbonne in the Professional Master

COSI Leadership Project (in corporation with the Areva Corporate University) between 18 and 21 September 2007

4. Invited guest professor: Vrije Universiteit Amsterdam to present a lecture to the

Association of Academic Scholars of Labour Law in the Netherlands (“het Levenbachinstituut”) on “Equality in Employment Law and Affirmative Action in South Africa” between 12 and 16 June 2008

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5. RESEARCH ACTIVITIES

5.1 Supervision and co-supervision (completed)

LLD / Phd 1. Promoter for PA Smit on “Critical Analysis of Schedule 8 of the LRA” (Co-supervised Prof L Vermeulen).

Graduated in 2010. 2. Promoter for C Aletter on “Protection of Agency Workers in South Africa: An Appraisal of Compliance with ILO

and EU Norms” Graduated in 2017. 3. Promoter for M van Staden on “Identification of the Parties to the Employment Relationship: An Appraisal of

Teleological Interpretation of Statutes” (Co-supervised Prof C Botha). Graduated in 2018. 4. Promotor for G Esitang on “The impact of threshold agreements on organizational rights of minority trade

unions”. Graduated in 2018.

LLM by Research 1. Supervisor for F Snyman on “Social protection for the migrant worker in South Africa”. Graduated in 2014.

Cum Laude. 2. Supervisor for M Kreuser on “Centralised bargaining as minimum wage fixing mechanism” Graduated in 2014. 3. Supervisor for G Gerber on “An Appraisal of the Offence of ‘Fronting’ in the Context of the B-BBEE in South

Africa” (Co-supervised L Curlewis). Graduated in 2018. 4. Supervisor for M Kriek on “An appraisal of the extension of bargaining council agreements to minority

stakeholders in South Africa”. Graduated in 2019.

LLM by Coursework and Research 1. Supervisor for G Hildebrand on “Ontslag weens die weiering om eensydige wysigings in diensvoorwaardes te

aanvaar”. Graduated in 2010. 2. Supervisor for RA Mavunga on “Critical analysis of labour brokers: Should they be regulated or banned in South

Africa”. Graduated in 2011. 3. Supervisor for K Newaj on “Critical analysis of the nebulous concept of incompatibility within South African Law”.

Graduated in 2012. 4. Supervisor for L Curlewis on “Die reg op regsverteenwoordiging tydens verrigtinge voor die Kommissie vir

Versoening, Bemiddelling en Arbitrasie”. Graduated in 2012. 5. Supervisor for A Marcow on “A comparative assessment of employee rights within South African, United

Kingdom and Australian Corporate Rescue Legislation” (co-supervised by T Joubert). Graduated in 2014. 6. Supervisor for BJ Lategan “The consequences of dishonesty in the financial services sector”. Graduated in

2014. 7. Supervisor for J Coetzer on “Die verpligting om kollektief te beding in die SA Nasionale Weermag” Graduated

in 2015. Cum Laude. 8. Supervisor for D van Graan on “The grounds for review of CCMA awards”. Graduated in 2015. 9. Supervisor for W Achmat on “The right to strike and its limitations”. Graduated in 2016. 10. Supervisor for L Diedericks on “The Employment Status of Magistrates in South Africa”. Graduated in 2016.

Cum Laude. 11. Supervisor for H Venter on “The juridical basis of the statutory claim for compensation in unfair dismissal

cases”. Graduated in 2016. Cum Laude. 12. Supervisor for JD Irwin “Extension of bargaining council agreements: International norms and the situation in

South Africa”. Graduated in 2016. Cum Laude. 13. Supervisor for K Badenhorst “The Labour Rights of Irregular Migrants in South Africa”. Graduated in 2017. 14. Supervisor for MV Noko “Legal Representation at the CCMA”. Graduated in 2018. 15. Supervisor for F Hikumuah “An appraisal of the retrenchment of workers during strikes”. Graduated in 2018. 16. Supervisor for N Nemusimbori “An appraisal of the status of uber drivers in South African labour law”.

Graduated in 2018. 17. Supervisor for SN Moima “Agency work: Comparative study between South Africa and Namibia”. Graduated in

2018. 18. Supervisor for M Redelinghuys “Assessing obesity in the workplace: The role of employers”. Graduated in

2018.

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6. RESEARCH OUTPUTS

6.1 Publications in peer-reviewed refereed journals

1. Van Eck BPS "Aansoek om 'n Tussentydse Beslagleggingsbevel op Goedere ingevolge 'n

Kredietooreenkoms Verkoop" (Interim Attachment Order on Goods in terms of the Credit Agreements Act) 1989 SA Merc LJ 416-419 (4 pages).

2. Van Eck BPS "Enkele Probleme Rondom Deposito's en die Wet op Kredietooreenkomste" (Problems

regarding Deposits and the Credit Agreements Act) 1990 De Jure 142-146 (5 pages). 3. Van Eck BPS "Carlton-Shields v James North (Africa) (Pty) Ltd 1990 11 ILJ 82 (NH) – Ontslag van

Proeftydperkwerknemers" (Dismissal of Probationary Employees) 1990 De Jure 368-372 (5 pages). 4. Van Eck BPS "Die Nywerheidshof en die Hooggeregshof" (The Industrial Court and the Supreme

Court) 1991 De Jure 135-141 (7 pages). 5. Van Eck BPS "Bevoegdheid van die Nywerheidshof om Interdikte te Verleen" (Jurisdiction of the

Industrial Court to order Interdicts) 1992 THRHR 67-74 (10 pages).

5.2 Current post-graduate students

Name Degree enrolled Supervisor Co-supervisor(s) Year of

registration

T Kujinga LLD X 2016

K Newaj LLD X 2016

M Kriek LLM X 2016

5.3 Obtaining research funds

Origin of research funds Title of research project or programme

Duration Year

SWO grant LLD Thesis – Overseas research 1 year 1991

University of Pretoria Stimulation Fund 1 year 1994

University of Pretoria Stimulation Fund 1 year 1996

NRF NRF Development Fund 2010-2017 7th year 2015

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6. Van Eck BPS and Kruger C "Adjudication of a Labour Dispute: The Impact of the Interim Constitution"

1995 SAJLR Vol 19/1 36-44 (9 pages). 7. Van Eck BPS "Onderhandelingsdokument met die oog op 'n Nuwe Wet op Arbeidsverhoudinge"

(Negotiating Document with the view of a New Labour Relations Act) 1995 De Jure 179-195 (7 pages).

8. Van Eck BPS and Kruger C "Die Posisie van Minderheidsvakbonde onder die Wet op

Arbeidsverhoudinge 66 van 1995: Is hulle dae getel?" (The position of Minority Trade Unions: Are their days numbered?) 1997 De Jure 152-159 (8 pages).

9. Van Eck BPS & Lombard S "Some thoughts on the application of the new Basic Conditions of

Employment Act 75 of 1997" 1998 De Jure 133-143 (11 pages). 10. Van Eck BPS “Some thoughts on the Constitutionality of the Employment Equity Act 55 of 1998”

1999 De Jure 160-168 (9 pages). 11. Van Eck BPS “Unilateral Changes to Employees’ Conditions of Employment” 2000 De Jure 346-355

(12 pages). 12. Van Eck BPS and Vettori S “Does the High Court have Concurrent Jurisdiction with the Labour Court

to hear Unfair Dismissal Disputes?" 2000 Obiter 490-496 (7 pages). 13. Vettori S and Van Eck BPS “The Unemployment Insurance Bill: A Relic of the Past?” 2001 SA Merc

LJ 421-428 (8 pages). 14. Van Eck BPS “Misuse of the Internet at the Workplace” 2001 De Jure 364-369 (6 pages). 15. Boraine A and Van Eck BPS “Voluntary Winding-up of a Company and ‘Dismissals’ in terms of the

Labour Relations Act” 2002 THRHR 610-622 (22 pages). 16. Van Eck BPS “Latest Developments regarding Disciplinary Enquiries” 2002 SAJLR 24-41 (19

pages). 17. Van Eck BPS and Ncgobo V “Balance between Affirmative Action and Efficiency” 2003 Obiter

490-497 (8 pages). 18. Boraine A and Van Eck BPS “The New Insolvency and Labour Legislative Package: How

Successful was the Integration?” Industrial Law Journal 2003 1840-1868 (28 pages). 19. Van Eck BPS and Lombard S “Dismissal of Executive Directors: Comparing Principles of

Company Law and Labour Law” 2004 TSAR 20-38 (18 pages). 20. Labuschage JTM, Bekker JC and Van Eck BPS “Compulsory Retirement and Discrimination on the

Ground of Old Age” 2004 CILSA 40-64 (24 pages). 21. Van Eck BPS, Boraine A and Steyn L “Fair Labour Practices in South African Insolvency Law” 2004

SA Law Journal 902-925 (23 pages). 22. Van Eck BPS “The Constitutionalisation of Labour Law: No Place for a Superior Labour Appeal

Court in Labour Matters: (Part 1) Background to the South African Labour Courts and the Constitution” 2005 Obiter 549-560 (11 pages).

23. Van Eck BPS “The Constitutionalisation of Labour Law: No Place for a Superior Labour Appeal

Court in Labour Matters: (Part II) Erosion of the Court’s Jurisdiction” 2006 Obiter 20-32 (12 pages).

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24. Van Eck BPS “Transfer of Businesses as Going Concerns: The Over-protection of Employees

under Insolvent Circumstances” 2006 De Jure 405-421 (16 pages). 25. Van Eck BPS and Jordaan-Parkin R “Administrative, Labour and Constitutional Law – A

Jurisdictional Labyrinth” 2006 Industrial Law Journal 1987-1999 (11 pages). 26. Van Eck BPS “Labour Dispute Resolution in the Public Service: The Mystifying Complexity

Continues” 2007 Industrial Law Journal 793-803 (10 pages). 27. Van Eck BPS “The Right to a Pre-dismissal Hearing in terms of the Common Law: Are the Courts

Misdirected?” 2008 Obiter 339-351 (12 pages). 28. Van Eck BPS “Chirwa v Transnet and Beyond: Urgent Need for the Constitutional Court to Provide

Certainty” 2010 TSAR 119-128 (19 pages). 29. Smit P and Van Eck “International Perspectives on South Africa’s Unfair Dismissal Law” 2010 CILSA

46-67 (22 pages). 30. Van Eck BPS “Temporary Employment Services (Labour Brokers) in South Africa and Namibia”

2010 PELJ 107-126 (19 pages). 31. Joubert T, Van Eck BPS and Burdette DA “Impact of Labour Law on South Africa’s New Corporate

Rescue Mechanism” 2011 The International Journal of Comparative Labour Law and Industrial Relations 65-84 (19 pages).

32. Van Eck BPS “Employment Agencies: International Norms and Developments in South Africa”

2012 The International Journal of Comparative Labour Law and Industrial Relations 29-44 (35 pages).

33. Van Eck BPS “Representation during Arbitration Hearings: Spotlight on Members of Bargaining

Councils” 2012 TSAR 774-785 (11 pages). 34. Van Eck BPS “Regulated Flexibility and the Labour Relations Amendment Bill of 2013” 2013 De

Jure 600-611 (11 pages). 35. Van Eck BPS “Revisiting Agency Work in Namibia and South Africa: Any Lessons from the Decent

Work Agenda and the Flexicurity Approach?” 2014 The International Journal of Comparative Labour Law and Industrial Relations 49-66 (17 pages).

36. Van Eck BPS and Mathiba MK “Constitution Seventeenth Amendment Act: Thoughts on the

Jurisdictional Overlap, the Restoration of Labour Appeal Court and the Demotion of the Supreme Court of Appeal” 2014 Industrial Law Journal 863-879 (19 pages).

37. Van Eck BPS and Diedericks L “Are Magistrates Remediless in terms of Labour Law?” 2014

Industrial Law Journal 2700-2710 (10 pages). 38. Diedericks L and Van Eck BPS “Claims Against Employees: Interpretation and Application of

Section 34 of the Basic Conditions of Employment Act 75 of 1997” 2015 THRHR 476-487 (11 pages)

39. Van Eck BPS and Snyman F “Social Protection Afforded to Irregular Migrant Workers: Thoughts

on the Southern Africa Development Community (with Emphasis on Botswana and South Africa) 2015 Journal for African Law 294-316 (22 pages)

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40. Esitang TG and Van Eck BPS “Minority Trade Unions and the Amendments to the LRA: Reflections

on Thresholds, Democracy and ILO Conventions” 2016 ILJ 763-778 (16 pages) 41. Aletter C and Van Eck BPS “Employment Agencies: Are South Africa’s Recent Legislative

Amendments Compliant with the International Labour Organisation’s Standards?” 2016 SA Merc LJ 285-310 (25 pages)

42. Newaj K and Van Eck BPS “Automatically Unfair and Operational Requirement Dismissals: Making

Sense of the 2014 Amendments” 2016 PELJ (19) 1-30 (30 pages) 43. Van Eck BPS “In the Name of ‘Workplace and Majoritarianism’: Though Shalt not Strike ―

Association of Mineworkers & Construction Union v Chamber of Mines (2017) 38 ILJ 831 (CC) and National Union of Metalworkers of SA & Others v Bader Bop (Pty) Ltd & Another (2003) 24 ILJ 305 (CC)” 2017 ILJ 1496-1510 (15 pages)

44. Van Eck BPS and Kujinga T “The Role of the Labour Court in Collective Bargaining: Altering the

Protected Status of Strikes in on Grounds of Violence National Union of Food Beverage Wine Spirits & Allied Workers Union v Universal Product Network (PTY) LTD (2016) 37 ILJ 476 (LC)” 2017 PELJ 1-26 (26 pages)

45. Kujinga T and Van Eck BPS “Large-scale Operation Requirements Dismissals: How Effective Are

the Remedies? A Discussion of Steenkamp & Others v Edcon LTD (NATIONAL UNION OF METAL WORKERS OF SA INTERVENING) (2016) 37 ILJ 564 (CC)” 2018 ILJ 76 – 88 (12 pages)

46. Van Staden M and Van Eck BPS “The Parties of the Employment Relationship: A Comparative

Analysis” (2018) TSAR 539-568 (29 pages) 47. Van Eck BPS and Nesumbori E “Uber Drivers: Sad to Say, but no Employees in SA” (2018) THRHR

(Vol 3) 473- 483 (10 pages) 48. Van Staden M and Van Eck BPS “‘Deemed’ to be an employee: Adopting the Teleological

Interpretation of Statutes” 2018 SAMLJ (Accepted – forthcoming) 49. Kujinga T and Van Eck BPS “The Right to Strike and Replacement Labour: South African Practice

Viewed From an International Law Perspective” (2018) PELJ Vol 21 1-34 50. Van Eck BPS “Arbeidsmakelaars: Enkelwerkgewer, twee kontrakte en talle onbeantwoorde vrae

Assign Services (Pty) Limited v National Union of Metal Workers of South Africa 2018 39 ILJ 1911 (KH) Litnet” 2018 (accepted and forthcoming)

6.2 Books and/or chapters in books

A. CHAPTERS IN NATIONAL BOOKS 1. Van Jaarsveld SR (ed) Kompendium van die Suid-Afrikaanse Arbeidsreg (since 1992 and

further editions); Chapters: Hfst 14 – Die Nywerheidshof en Arbeidsappélhof 322-337, Hfst 15 – Veilighheids- en Gesondheidsmaareëls ten aansien van Werknemers 343-351, Hfst 16 – Werkverskaffing en Werkloosheidversekering 357-359; (37 pages).

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6.3 Published full-length conference papers / keynote addresses

It is to be noted that in the field of law many conference papers are not published in a conference journal. Generally, abstracts are peer-reviewed by the conference’s academic committee before being accepted for the conference. Once accepted, the papers are made available as conference proceedings as hard copies or electronically. After the conference the delegate is usually given the option of publishing the paper in the congress publication or the presenting faculty’s in-house journal. However, presenters

2. Nagel CJ (ed) Commercial Law (and translted to Afrikaans) (since 1995 and further editions); Chapter: Ch 41 – Alternative Dispute Resolution 605-615.

3. Nagel CJ (ed) Basic Principles of the South African Business Law (and translated to

Afrikaans) (since 1993 and further editions); Chapters: Ch 16 – Letting and Hiring of Work 169-180, Ch 17 – Arbitration Law 181-184; (15 pages).

4. Van Jaarsveld SR (ed) Principles of Labour Law (Translation – see 1 above) (since 1998

and further editions); Chapters: Ch 11 – Statutory Prescribed Conditions of Employment 243-266, Ch 14 – Dispute Resolution Procedures and Institutions 339-374, Ch 15 – Safety and Health Measures Regarding Employees 375-396, Ch 16 - Placement and Unemployment Insurance 397-405; (89 pages).

5. Steyn H (ed) Project Management: A Multi-Disciplinary Approach (since 2003 – and further

editions); Chapter: Ch 13 - Aspects of Labour Law for the Project Manager 249-272; (23 pages).

6. Van Niekerk and Smit (ed) Law@work (since 2008 – and further editions); Ch 4 – Who is an

Employee, 55-80; Labour Law: Beyond Core Legislation 81-101; (45 pages). B. CHAPTERS IN INTERNATIONAL PEER REVIEWED BOOKS

1. Omar PJ (ed) International Insolvency Law: Themes and Perspectives (2007); Van Eck BPS and Boraine A; Chapter: Ch 11 “A Plea for the Development of Coherent Labour and Insolvency Principles on a Regional Basis in SADC Countries 269-294; (25 pages); Ashgate Publishing.

2. Fenwick C and Novitz T (ed) Legal Protection of Worker’s Human Rights: Regulatory Changes and Challenges (2010); Van Eck BPS “Constitutionalisation of South African Labour Law: An Experiment in the Making”; (21 pages); Hart Publishing.

3. Canbolat T (ed) Essays in Honor of Prof. Dr Ali Güzel (2010); Van Eck BPS and Eleveld E

“Employment Equity in South Africa: The Socio-Political Realities and Legal Theoretical Justification”; (30 pages); BETA Publishing.

4. Grobbelaar-du Plessis I and Van Reenen TP (eds) Aspects of Disability Law in Africa (2011) Van Eck BPS and Grobbelaar-du Plessis I “Protection of disabled employees in South Africa: An analysis of the Constitution and Labour Legislation”; (20 pages); PULP Publishing.

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often publish such presentations in other academic journals. The following are published full-length conference papers:

1. Van Eck BPS - Paper: “Thoughts on the Constitutionality of the Employment Equity Act 55

of 1998” (Millennium Compliant IR Policies: Facing the Challenges of the 21st Century, IRASA, Cape Town, 4- 5 Nov 1999), published as Van Eck BPS “Some thoughts on the Constitutionality of the Employment Equity Act 55 of 1998” 1999 De Jure 160-168.

2. Van Eck BPS (Invited speaker) - Paper: “Update on Disciplinary Hearings” (National

Technicon SA Congress, Johannesburg 13-14 August 2002), published as Van Eck BPS “Latest Developments regarding Disciplinary Enquiries” (2002) SAJLR 24-41.

3. Van Eck BPS and Boraine A (Keynote address) - Paper: “Aspects of Fair Labour Practices

in South African Insolvency Law” (International Workshop, INSOL Academics Group Meeting INSOL Cape Town, 2003), published as Van Eck BPS, Boraine A & Steyn L “Fair Labour Practices in South African Insolvency Law” 2004 SALJ 902-925.

4. Boraine A and Van Eck BPS - Paper: “A Critical view of the New Labour Insolvency

legislative Amendment Package” (SA Law Teacher’s Conference, Windhoek, University of Namibia, 2 July 2003), published as Boraine A and Van Eck BPS “The New Insolvency and Labour Legislative Package: How Successful was the Integration?” 2003 Industrial Law Journal 1840-1846.

5. Van Eck BPS (Invited speaker) - Paper: “Over Protection of Workers in the Insolvency

Environment” (Regional Workshop on Developments in Insolvency Law, organised by Association of Insolvency of SA Gauteng, Volkswagen Conference Centre, Midrand, 14 July 2005), published as Van Eck BPS “Transfer of Businesses as Going Concerns: The Over-protection of Employees under Insolvent Circumstances” (2006) De Jure 405-421.

6. Van Eck BPS (Invited Keynote Address) - Paper: “Public Service Dismissals: The

Applicability of PAJA” (20th Annual Labour Law Conference, Johannesburg, 6 July 2007), published as Van Eck BPS “Labour Dispute Resolution in the Public Service: The Mystifying Complexity Continues” 2007 Industrial Law Journal 793-803.

7. Van Eck BPS (Invited Keynote address) - Paper: “Equality in Employment Law and

Affirmative Action in South Africa” (Vrije Universiteit Amsterdam invited to present a lecture to the Association of Academic Scholars of Labour Law (“het Levenbachinstituut”), Amsterdam 13 June 2008), published as Van Eck BPS and Eleveld E “Employment Equity in South Africa: The Socio-Political Realities and Legal Theoretical Justification” in Canbolat T (ed) Essays in Honor of Prof. Dr Ali Güzel (2010) BETA.

8. Van Eck BPS and Joubert T (Invited speakers) - Paper: “Impact of Labour Law on

Business Recue in South Africa” (International Insolvency Law Conference, Nottingham Trent University, England, 15 September 2010), published as Joubert T, Van Eck BPS and Burdette DA “Impact of Labour Law on South Africa’s New Corporate Rescue Mechanism” 2011 The International Journal of Comparative Labour Law and Industrial Relations 65-84.

9. Van Eck BPS - Paper: “Comparing Employment Agencies in South Africa and Namibia:

What Lessons can be Learned from the European Union’s Flexicurity Agenda?” (Labour Law Research Network, Barcelona, 18 June 2013), published as Van Eck BPS “Revisiting Agency Work in Namibia and South Africa: Any Lessons from the Decent Work

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Agenda and the Flexicurity Approach?” 2014 The International Journal of Comparative Labour Law and Industrial Relations 49-66.

10. Snyman F and Van Eck BPS Paper: “Social Protection Afforded to Illegal Workers and

Illegal Immigrants: South Africa and some of the Neighbouring Countries”, (International Labour Law and Social Protection Conference, Johannesburg University, 27-30 August 2012) published as Van Eck BPS and Snyman F “Social Protection Afforded to Irregular Migrant Workers: Thoughts on the Southern Africa Development Community (with Emphasis on Botswana and South Africa) 2015 Journal for African Law 294-316.

11. Van Eck BPS and Diedericks L Paper: “Magistrates and their Status as Employees”

(Second International Mercantile Law Conference, University of Free State, Bloemfontein, 5-7 November 2014), published as Van Eck BPS and Diedericks L “Are Magistrates Remediless in terms of Labour Law?” 2014 35 Industrial Law Journal 2700-2710.

12. Esitang TG and Van Eck BPS Paper. “Big Kids on the Block Dominating Minority Trade Unions: Reflections on Thresholds, Democracy and ILO Conventions” (International Society of Labour and Social Security Law Congress, Cape Town, 16 September 2015), published as Esitang TG and Van Eck BPS “Minority Trade Unions and the Amendments to the LRA: Reflections on Thresholds, Democracy and ILO Conventions” 2016 ILJ 763-778.

13. Aletter C and Van Eck BPS “Employment Agencies: Are South Africa’s Recent Legislative Amendments Compliant with the International Labour Organisation’s Standards?” (International Society of Labour and Social Security Law Congress, Cape Town, 16 September 2015), published as Aletter C and Van Eck BPS “Employment Agencies: Are South Africa’s Recent Legislative Amendments Compliant with the International Labour Organisation’s Standards?” 2016 SA Merc LJ 285-310.

14. Newaj K and Van Eck BPS “Automatically Unfair and Operational Requirement Dismissals: Making Sense of the 2014 Amendments” (Labour Law Conference UNISA (2017), published as Newaj and Van Eck “Automatically Unfair and Operational Requirement Dismissals: Making Sense of the 2014 Amendments” 2016 PELJ (19) 1-30.

15. Van Eck BPS “Uber Drivers: Who is (or is not) the Employer – The Mother Company of the Subsidiary?” (ILERA African Regional Congress, Mauritius, May 2018) Published as Van Eck BPS and Nesumbori E “Uber Drivers: Sad to Say, but no Employees in SA” (2018) THRHR (Vol 3)

16. Van Eck BPS and M van Staden “The parties to the employment relationship: a comparative analysis” (Co-presenter M van Staden) (Society of Law Teachers of Southern Africa Conference, Cape Town, July 2018) Published as Van Staden M and Van Eck BPS “The Parties of the Employment Relationship: A Comparative Analysis” (2018) TSAR 539-568

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6.4 National and International Non-refereed Publications or Popular Articles

1. Van Eck BPS and Beän M reported Labour Appeal Court Case "Perskorporasie van Suid-Afrika

Bpk v Media Workers Association of SA" 1993 ILJ 938 (LAC).

2. Van Eck BPS, (Book review) AT Trollip & SC Gon Power Law and Procedure: A Guide to Industrial Relations 1993 De Jure 222-223.

3. Van Eck BPS, (Book review) A Hyman Engineering Construction Contracts 1993 De Jure 511-

481. 4. Van Eck BPS and Schoeman H reported Industrial Court Case "Carr v Fisons

Pharmaceuticals" 1995 ILJ 179 (IC). 5. Boraine A, Van Eck BPS, Burdette D, “The Amendments to sections 38 and 98A of the

Insolvency Act, and section 197 of the Labour Relations Act” 2002 South African Insolvency Law 171-203.

6. Boraine A and Van Eck BPS “South Africa” in Employee Entitlements (2005) published by

INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals) 137-144.

7. Van Eck BPS and Kreuser M “Kommentaar op die Marikana Slagting en die rol van

Arbeidsreg”, 2012 Litnet.

8. Van Eck BPS and Waas B “Die Regulierung atypischer Beschäftigungin Südafrika” 2016 RIW 1-10.

7. OTHER SCHOLARLY RESEARCH-BASED CONTRIBUTIONS

7.1 Participation in workshops conferences and short courses – specify type of contribution

7.1.1 National

1. Van Eck BPS, (Invited Speaker) – Paper: “Unfair Discrimination and the Industrial Court”,

Centre for Human Rights Conference, De Facto Discrimination in a Future South Africa, University of Pretoria, 21 and 23 October 1992.

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2. Van Eck, BPS – Paper: “Some Thoughts on the Constitutionality of the Employment Equity Act 55 of 1998”, IRASA Conference, Millennium Compliant IR Policies and practices: Facing the Challenges of the 21st Century, Cape Town, 4 and 5 November 1999.

3. Van Eck BPS – Paper: “Unilateral changes to Individual Employee’s Conditions of

Employment”, South African Law Teachers Conference, University Kwa-ZuluNatal, Durban, 3 and 5 July 2000.

4. Van Eck BPS (Invited Speaker) – Paper: “A Case Law Update on Disciplinary Hearings”,

Technicon SA Conference, Johannesburg, 13 and 14 August 2002. 5. Van Eck BPS – (invited Speaker) - “Background to Section 38 of the Insolvency Act and

Section 197A of the Labour Relations Act” organised by Centre for Insolvency and Corporate Law, University of Pretoria, 11 April 2003.

6. Van Eck BPS and Boriane A – Paper: “A Critical view of the New Labour Insolvency

legislative Amendment Package” organized by SA Law Teachers Conference, Windhoek, University of Namibia, 2 Julie 2003.

7. Van Eck BPS, Boraine A and Burdette D (Invited Speaker) – Co-presenter: Labour Law

Reform and Insolvency Law, Worksop in conjunction with AIPSA and IPPSA, Midrand, 20 September 2003.

8. Van Eck BPS, Boraine A and Burdette D (Invited Speaker) – Co-presenter: Labour Law

Reform and Insolvency Law, Worksop in conjunction with AIPSA and IPPSA, Durban, 25 September 2003.

9. Van Eck BPS, Boraine A and Burdette D (Invited Speaker) – Co-presenter: Labour Law

Reform and Insolvency Law, Worksop in conjunction with AIPSA and IPPSA, Cape Town, 2003.

10. Van Eck BPS (Invited Speaker) – Paper: “Application of the PAJA on Functionaries in the

Labour Context”, Workshop in conjunction with the GTZ and the Public Service Commission, Impact of the Promotion of Administrative Justice Act on Labour Law, University of Pretoria, 7 November 2003.

11. Van Eck BPS, (Invited Speaker) - (Invited Speaker): “Over Protection of Workers in the

Insolvency Environment” regional workshop arranged by Association of Insolvency of SA for Gauteng, Volkswagen Conference Centre, Midrand, 14 July 2005.

12. Van Eck BPS (Invited Keynote Address) - Paper: “Public Service Dismissals: The

Applicability of PAJA”, 20th Annual Labour Law Conference, Johannesburg, 6 July 2007. 13. Van Eck BPS (Invited Keynote Address) – Paper: “Equality in Employment Law and

Affirmative Action in South Africa”, Vrije Universiteit Amsterdam, lecture to the Association of Academic Scholars of Labour Law in the Netherlands (“het Levenbachinstituut”) on 13 June 2008.

14. BPS van Eck (Inaugural Address) – Paper: “Interaction Between Different Areas of the Law

and Engagement Between Academic Departments within the Faculty of Law”, Dead of Department Inaugural address, University of Pretoria 18 March 2009.

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15. Van Eck BPS – Paper: “Unfair Dismissal and Unlawful Termination: Some Reflections” SA Law Teacher’s Conference, Pietermaritzburg, University of KwaZulu-Natal, 15 July 2009.

16. Van Eck, BPS (Invited Speaker) – Paper: “Unravelling the Cases after Chirwa”, 22nd Annual

Labour Law Conference, Johannesburg, 13 August 2009. 17. Van Eck BPS – Paper: 1. 29 July 2010 – “Over-protection of employees during business

rescue”, Departmental research discussion, University of Pretoria, 29 July 2010. 18. Van Eck, BPS – Paper: “Labour Brokers Under Review”, SA Law Teacher’s Conference,

National Conference organized by Law Teacher’s Conference, Stellenbosch, 26 January 2011.

19. Snyman F and Van Eck BPS – Paper: “Social Protection Afforded to Illegal Workers and

Illegal Immigrants: South Africa and some of the Neighbouring Countries” arranged by CICLAS, International Labour Law and Social Protection Conference, University of Johannesburg, 27-30 August 2012.

20. Van Eck, BPS (Invited Speaker) – Paper: “The Labour Bills of 2012: Time for Change?”

workshop arranged by the Law Society of the Northern Provinces, CSIR, Pretoria, 11 October 2012.

21. Van Eck BPS - Paper: “Limiting the Right to Legal Representation before the CCMA:

Labour Law, Administrative Law and the Constitution”, First International Mercantile Law Conference, University of Free State, Bloemfontein, 4-6 November 2013.

22. Van Eck BPS and Waas B (Invited Speakers) – Paper: “The Suggested Regulation of

Agency, Fixed Term and Part Time Workers in SA: How Does this Compare to the Position in Germany?” arranged by SA Society of Labour Law, Gildenhuys Malatji Attorneys, Pretoria, 25 August 2014.

23. Van Eck, BPS – Paper: “The Labour Relations Amendment Act of 2014 and the Protection

of Non-standard Employees”, Departmental research discussion, University of Pretoria, 11 November 2014.

24. Van Eck BPS (Invited Speaker) – Paper: “Update on the LRA Amendments” student

conference arranged by SA Society of Labour Law, Wits, Johannesburg 27 August 2014. 25. Van Eck BPS - Paper: “Magistrates and their Status as Employees” Second International

Mercantile Law Conference, University of Free State, Bloemfontein, 5-7 November 2014. 26. Van Eck, BPS (Invited Speaker) – Paper: “Temporary Agency Workers, Part-Time Work

and Fixed Term Contracts in RSA”, Comparative Interactive Workshop arranged by Law Society of Namibia with the theme “New Forms of Employment: The Impact of Legislative Reform on Labour Hire and Contractors”, Windhoek, 8 April 2008.

27. Estitang G and Van Eck BPS – Paper: “Big Kids on the Block Dominating Minority Trade

Unions: Reflections on Thresholds, Democracy and ILO Conventions”, abstract accepted for ISL&SSL 21st World Congress, Cape Town, 16 September 2015.

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7.1.2 International

1. Van Eck BPS (Invited speaker) – Paper: “Employment Equity and Affirmative Action in

the South African Context” workshop arranged by the Ministry of the Flemish Community, Brussels, Belgium 10 June 2002.

2. Van Eck and Boraine A – Paper: “The Development of a Coherent System Regarding

Labour Issues in Insolvency on a Regional Basis” 4th IIRA African Regional Congress, A New Vision of Industrial Relations for Africa: Harmonising Social and Economic Strategies in a Globalising World, Mauritius 28-30 November 2005.

3. Van Eck BPS and Joubert T (Invited Speakers) – Paper: “Impact of Labour Law on

South Africa’s New Corporate Rescue Mechanism” International Insolvency Law Conference hosted by Nottingham Law School, Nottingham Trent University, England, 15 September 2010.

4. Van Eck BPS – Paper: “Employment Agencies: International Norms and the Debate in

South Africa” 5th International Law and Trade Conference (ILTC), Cyprus, Nicosia, 19-21 September 2011.

5. Van Eck BPS – Paper: “Comparing Employment Agencies in South Africa and Namibia:

What Lessons can be Learned from the European Union’s Flexicurity Agenda?” International Conference arranged by Labour Law Research Network, Barcelona, June 2013.

6. Van Eck BPS – Paper: “Social Dialogue, Atypical Work and Strikes: Any Cure for the

Trust Deficit?” International Conference arranged by Labour Law Research Network, Amsterdam, 25-26 June 2015.

7.2 Teamwork, management and collaboration with others:

1. Chair: Local organising committee – National workshop in conjunction with the GTZ

and the Public Service Commission Impact of the Promotion of Administrative Justice Act on Labour Law At University of Pretoria on 7 November 2003.

2. Labour Law LLM assessment workshop at University of Cape Town, Member of panel

discussion, At University of Cape Town October 2005. 3. International Workshop in preparation of a book titled Legal Protection of Worker’s

Human Rights: Regulatory Changes and Challenges held at the International Institute for the Sociology of Law, At Onati, Spain between 25 and 26 May 2006.

4. International Workshop arranged by Prof Van Eck, In conjunction with the Tobias

Foundation from the USA on Dispute Resolution in SA: The Institutions and their Jurisdictional Problems, Members on Panel: Van Eck BPS, Basson A, Myburgh P, At University of Pretoria on 12 October 2006.

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8. MANAGEMENT AND ADMINISTRATIVE DUTIES

1.1 Involvement in faculty and departmental activities

1. Chairperson of the Law Lecturers’ Committee, Faculty of Law, 1991 to 1992.

2. Deputy Dean of Faculty of Law at the University of Pretoria, May to June 1999.

3. Founding Chairperson of the Centre for Practical and Continuing Education (Law

Faculty, University of Pretoria) during 2000. Duties included the drafting of constitution, liaising with the campus company (Continuing Education at the University of Pretoria (Pty) Ltd), assisting with the development of new courses. Reappointed as Chairperson of Committee Practical and Continuing Education for 2007 during which funding policies were realigned with University of Pretoria policies.

4. Faculty of Law co-ordinator for University of Pretoria Centenary Celebrations. Eight main events (each with its own sub-committee) were established. Included under these events were: SA Law Teachers’ Conference; Prestige lecture series by judges; Faculty Prospectus; Special 3rd edition of the De Jure; Faculty Birthday Ball; All Africa Moot Court Competition; Law Students Festival; SA Law Deans Association Meeting.

5. Acting Head: Department of Mercantile Law during October 2005, and October 2006.

6. Member of the Faculty of Law Transformation Committee 2000-2007.

7. Lecturer in charge of the junior personnel appointed by the Department of Mercantile Law from 2000 to 2003. Duties included the supervision over approximately 15 junior personnel members, the interview and appointment of assistants, tutors and markers, ensuring that the personnel are properly allocated according to their various functions and general supervision over the duties they perform.

8. Head: Department of Mercantile Law 2007-2011. Appointed for second 4 year term in 2011 which came to an end in December 2015.

9. COMMUNITY SERVICE OR PROFESSIONAL SKILLS

9.1 Outreach projects

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1. Served articles with University of Pretoria Law Clinic during which time I was involved in

rendering legal services to members of the public who are needy and without sufficient funds to approach legal practitioners in private practice.

2. Involved as member of the Management Committee of the University of Pretoria Law

Clinic between 2001 and 2011. The primary purpose of this institution is to give legal advice to members of society who cannot afford legal advice.

3. Involved in the formal training of candidate attorneys at law schools in Pretoria between

2003 and 2007. I present lectures on a bi-annual basis. 4. Involved in the formal training and continuous education of members of the labour law

profession by the presentation of various lectures and seminars. 5. Involved in providing legal advice on a limited scale through my law firm Van Eck

Attorney. 6. Presented a paper at an AIPSA regional seminar in Cape Town in September 2006.

This was done as part of my contribution to the insolvency industry and the training of junior insolvency practitioners.

9.2 Professional services performed

1. Presented practitioner, co-presented with Prof Andre Boraine (UP), Stefan van Eck (UP) and Patrick O’Brien (UJ) (September 2002, Insolvency Practitioners Society of South Africa (IPSSA)) a series of one-day seminars on labour law and the insolvency

2. Invited to speak (telephone interview) on Radio Sonder Grense on 3 occasions.

9.3 Involvement with other universities/scientific institutions

1. External examiner: Labour Law, Technicon South Africa, 2003-2005

2. External examiner: Labour Law (third year) and Labour Law on Master’s level by coursework and LLM dissertations, University of North-West 2012-2015

3. External examiner: LLM dissertations by course work: UJ, UNISA, UFS, Wits, North-West

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9.4 Referee duties

1. NRF: Serving referee (since 2004) for purposes NRF peer review and the awarding

grants. 2. LLD Thesis: Strydom EML, Employer Prerogative from a Labour Law Perspective

(1997 UNISA).

3. LLD Thesis: Dekker AH, Informal Social Security in South Africa: A Legal Analysis (2005 UNISA).

4. LLD Thesis: Jackson M, Occupational Safety and Health Management: The Role of

Criminal Law and the Law of Delict in Safeguarding Workers (2006 University of Johannesburg).

5. LLD Thesis: Van Jaarsveld MI, The Interaction and Impact of Contractual Principles of

the South African Labour Law (2007 UNISA).

6. LLD Thesis: Nel PW, Beroepsbeserings in Suid-Afrika: Strafregtelike en Deliktuele Aanspreeklikheid (2007 Universiteit Vrystaat).

7. LLD Thesis: Loots BE, Public Employment and the Relationship between Labour Law

and Administrative Law (2010 University of Stellenbosch).

8. LLD Thesis: Deacon HJ ‘n Regsvergelykende Studie van die Minimum Prosedurele Vereistes vir die Billike Ontslag van ‘n Werknemer op Grond van Wangedrag (2010 Universiteit Vrystaat).

9. LLD Thesis: Ojienda OT, HIV / Aids and the Labour Sector: Examining the Role of Law

in Protecting the HIV Positive Worker in Kenya Deacon (2010 UNISA).

10. LLD Thesis: Deakon J, ‘n Regsvergelykende Studie van die Minimum Prosedurele Vereistes vir die Billike Ontslag van ‘n Werknemer op Grond van Wangedrag (2010 UFS).

11. LLD Thesis: Lekhuleni JD, Causes of Action for Dismissal in South African Labour Law

(2012 UWC).

12. LLD Thesis: Tanner B, Social Justice and Equal Treatment for Pregnant Woman in the Workplace (2012 UJ).

13. Phd Thesis: Fergus E From Sidumo to Dunsmuir: The Test for Review of CCMA

Arbitration Awards (2013 UCT).

14. LLD Thesis: Smit D Bullying in the Workplace: Towards a Uniform Approach in South African Labour Law (2014 UFS).

15. Phd Thesis: Idensohn K The Basis and Boundaries of Employee Fiduciary Duties in South African Common Law (2015 UCT).

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16. Phd Thesis: Comoane PD Mozambican Social Protection Law and the Protection of People Living with HIV/AIDS (2017 Ghent).

17. LLD Thesis: Fourie E Finding innovative solutions to extend labour law and social

protection to vulnerable workers in the informal economy (2018 NWU)

18. LLD Thesis: Broome JH The legal illegitimacy of the Trinidad and Tobago labour justice system (2018 UNISA).

19. Peer review of numerous articles for accredited journals like the De Jure, THRHR, SA

MERC LJ, Journal for Juridical Science, Law Democracy and Development and PER

10. AWARDS AND SCIENTIFIC / SCHOLARLY RECOGNITION

10.1 Evaluation status as scientist/scholar

Rated by the NRF as a C2 nationally recognised researcher.

10.2 Research awards and prizes

1. 1995: Louis Luyt Prize awarded by Faculty of Law for best Doctoral Thesis submitted during

1994.

2. 1996: Best student prize from University of Pretoria Law School in preparation of Attorney’s Admittance Exam.

3. 2003: Best book award from Faculty of Law, University of Pretoria for the book Van

Jaarsveld and Van Eck Principles of Labour Law (2002).

10.3 Bursaries

1. 1991 - SWO grant to study overseas.

2. 1994 – Grant form University of Pretoria Stimulation Fund.

3. 1996 - Grant form University of Pretoria Stimulation Fund.

4. 2010 – to date, NRF Development Fund Grant