2014 and earlier Archives

Profit share agreement: contractual claim in LC

by GilesFiles | Dec 18, 2014 | 2014 and earlier, BCEA 1997 (LRL 10), Causes and defences, Contractual breach, Courts, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Review jurisdiction: Proof of employment

by GilesFiles | Dec 18, 2014 | 2014 and earlier, Courts, Evidence & onus, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 9: 198-213 General, Misconduct & incapacity, Objective - correctness, Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Management function: matching with remuneration

by GilesFiles | Dec 18, 2014 | 2014 and earlier, Awards -s145 see also Sidumo, Collective Bargaining (LRL 5), Courts, EEA 1998, Judges, Labour Appeal Court, LAC judges, LP Tlaletsi, Managerial prerogative, Statutes (LRL 2)-work | 0 |

Department of Correctional Services (WC) v Denosa (CA7/13) [2014] ZALAC 76 [2015](18 December 2014) per Tlaletsi DJP [Ndlovu JA and Coppin AJA concurring] The Labour Appeal Court disallowed the appeal. LAC Summary:...

Dishonest conduct explained: Shades of grey

by GilesFiles | Dec 15, 2014 | 2014 and earlier, Awards -s145 see also Sidumo, Courts, Evidence & onus, F Kathree-Setiloane, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 3 |

Anglo Platinum (Pty) Ltd ( Bafokeng Rasemone Mine) v De Beer (JA 65/13) [2014] ZALAC 82; [2015] 4 BLLR 394; (2015) 36 ILJ 1453 (15 December 2014) per Kathree-Setiloane AJA [Waglay JP & Dlodlo AJA concurring] LAC summary:...

CCMA: cannot interpret Labour Court orders

by GilesFiles | Dec 12, 2014 | 2014 and earlier, Condonation, Courts, John Murphy, Labour Appeal Court, Settlement agreements | 0 |

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Training agreement: Failure to prove dismissal

by GilesFiles | Dec 12, 2014 | 2014 and earlier, Causes and defences, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, Operation of law, Practices (LRL 9), Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Insolent insubordinate behaviour: Contract breached?

by GilesFiles | Dec 12, 2014 | 2014 and earlier, Appeals, Awards -s145 see also Sidumo, Balancing interests, BCEA 1997 (LRL 10), Courts, F Kathree-Setiloane, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 1995, Objective - correctness, Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, Topics, Trust & confidence | 3 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Strike: unprotected as refusal to bargain

by GilesFiles | Dec 12, 2014 | 2014 and earlier, Collective action, Collective Bargaining (LRL 5), Courts, Judges, Labour Appeal Court, Power plays (LRL 6), Strike s68 unprotected | 1 |

Num v Wanli Stone Belfast (Pty) Ltd [2015] 3 BLLR 286; (2015) 36 ILJ 1261 (LAC) per Musi JA [Waglay JP and Dlodlo AJA concurring] The right to strike is not absolute. There are limitations. The more complicated issues are...

Operational requirements: unjustifiable reason for dismissal

by GilesFiles | Dec 10, 2014 | 2014 and earlier, Courts, Judges, Labour Appeal Court, Labour Relations, Topics | 1 |

Num v Black Mountain Mining (Pty) Ltd (CA22/2012) [2014] ZALAC 78 (10 December 2014) per Francis AJA [Waglay JP and Dlodlo AJA concurring] LAC Summary: Dismissal for operational requirements – employer dismissing employee based...

Management directive: binding contract not concluded

by GilesFiles | Dec 10, 2014 | 2014 and earlier, 2015 and earlier, Anton Steenkamp, Appeals, B Waglay, Causes and defences, Courts, General, Interpretation etc, Judges, Labour Appeal Court, Labour Court judges, Labour Relations, LAC judges, Landmark judgments, Managerial prerogative, Topics | 1 |

Eskom Holdings Ltd v Solidarity obo Hutchings (CA19/11) [2014] ZALAC 84 (10 December 2014) per Waglay JP [Musi and Dlodlo AJJA concurring] On appeal the Labour Appeal Court set aside the judgment of Steenkamp J in the Labour...

Representation: union’s fundamental right

by GilesFiles | Dec 3, 2014 | 2014 and earlier, Anton Steenkamp, Courts, Judges, Labour Appeal Court, Labour Relations, Organisations (LRL 4), Parties, Topics, Trade unions | 2 |

Kalahari Country Club v Num (CA16/2013) [2014] ZALAC 80; [2015] 4 BLLR 410; (2015) 36 ILJ 1210 (LAC) (3 December 2014) per Hlophe AJA. LAC summary: Right to representation by trade union – employer objecting to trade union...

Labour practices examined: upgrading and promotion

by GilesFiles | Nov 25, 2014 | 2014 and earlier, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 8b: 185-186(2) Practices, Practices (LRL 9), Review tests, Roland Sutherland, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Topics | 3 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: 2014 and earlier