2015 Archives - GilesFiles

Risk management: Reversing disciplinary decision

by GilesFiles | Dec 8, 2015 | 2015, Courts, Dennis Davis, Judges, Labour Appeal Court, LAC judges, Resolving disputes (LRL 3), Risks, Roland Sutherland, State Owned Enterprises | 2 |

Disciplinary codes and procedures need to be carefully drafted to ensure that senior management has the final say when enforcing standards of behaviour and performance. The employee made an unacceptable racist remark. He...

Appeal record incomplete: Appeal disallowed

by GilesFiles | Dec 8, 2015 | 2015, Appeals, Appeals - leave, Collective Bargain (LRL 5), Courts, Demarcations, Disallowed, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LP Tlaletsi, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Orders, Protectable interests, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Topics | 1 |

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,...

Minister’s act Invalid: Relating to Seta

by GilesFiles | Dec 8, 2015 | 2015, Courts, Labour Appeal Court, Legality principle, Organisations (LRL 4), Parties, Setas, Statutes (LRL 2)-work, Training authorities | 1 |

Minister of Higher Education & Training v Hospital Association of South Africa (JA82/2014) [2015] ZALAC 54 (8 December 2015) per CJ Musi JA [Tlaletsi DJP and Coppin JA concurring] LAC summary: Lawfulness of the Minister...

Learners: Fundamental right to protection

by GilesFiles | Dec 8, 2015 | 2015, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Parties, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 1 |

Savage AJA in GAG v Education Labour Relations Council (CA12/2014) [2015] ZALAC 50 (23 October 2015) at paras [1] and [2] with some footnotes omitted. [1] Our Constitution provides that ‘(e)very child has the right to …be...

Back-pay claim prescribed: Contractual claim

by GilesFiles | Nov 26, 2015 | 2015, BCEA 1997 (LRL 10), Causes and defences, Courts, Judges, Kate Savage, Labour Appeal Court, LAC judges, Legal Practice, Resolving disputes (LRL 3) | 6 |

Hendor Mining Supplies (A Division of Marschalk Beleggings (Pty) Ltd) v Numsa (JA 55/2014) [2015] ZALAC 49 (26 November 2015) per Savage AJA [Tlaletsi DJP and CJ Musi JA concurring] The Labour Appeal Court allowed the appeal and...

Contract: Sign-on bonus enforced

by GilesFiles | Nov 17, 2015 | 2015, Causes and defences, Courts, Insights, Judges, Labour Appeal Court, LAC judges, Management, Policies - all, Resignations, Scarce skills allowances, Words & phrases | 3 |

Renaissance BJM Securities (Pty) Ltd v Grup (JA60/2014) [2015] ZALAC 48 [2016] 2 BLLR Feb (LAC) (17 November 2015) per C J Musi JJA [Tlaletsi DJP and Ndlovu JA concurring] The LAC disallowed the appeal and upheld the judgment of...

Territorial jurisdiction considered: CCMA extends to London

by GilesFiles | Nov 11, 2015 | 2015, André van Niekerk, CCMA awards, Courts, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Court judges, Labour Relations, LAC judges, LRA 1995, P Coppin, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Territorial jurisdiction, 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,...

Employer flawed approach: Protection not punishment

by GilesFiles | Nov 11, 2015 | 2015, André van Niekerk, Appeals, Conduct & capability, Courts, Disciplinary action, Judges, Labour Appeal Court, Labour Court judges, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, P Coppin, Protect not punish, Resolving disputes (LRL 3), Risks, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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,...

Arbitral awards prescription: Considered in detail

by GilesFiles | Nov 6, 2015 | 2015, Causes and defences, CCMA awards, Courts, Labour Appeal Court, Legal Practice, P Coppin, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Words & phrases | 8 |

Myathaza v Johannesburg Metropolitan Bus Service (Soc) Limited t/a Metrobus; Mazibuko v Concor Plant; Cellucity (Pty) Ltd v CWU obo Peters (JA122/14) [2015] ZALAC 45; [2016] 1 BLLR 24 (LAC) (6 November 2015) per Coppin JA [CJ...

Forfeiting review rights: Arbitral award

by GilesFiles | Nov 6, 2015 | 2015, Courts, Judges, Labour Appeal Court, LAC judges, Resolving disputes (LRL 3), Review tests | 0 |

Doorgesh Harrinarain v CCMA (SABS Commercial) (CA4/2014; C965/2011) [2015] ZALAC 44 (6 November 2015) per CJ Musi JA [Waglay JP and Savage AJA concurring] The Labour Appeal Court disallowed the appeal and upheld the finding of...

Bargaining advisory award: Required process

by GilesFiles | Nov 6, 2015 | 2015, Appeals, Collective Bargain (LRL 5), Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, Organisations (LRL 4), Power plays (LRL 6), Resolving disputes (LRL 3), Statutes (LRL 2)-work, Strike s68 unprotected, 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,...

Dismissal sanction inappropriate: Confusing language

by GilesFiles | Oct 30, 2015 | 2015, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Trans Hex Group Ltd v CCMA [2016] 2 BLLR 144 (LAC) per Savage AJA [Waglay JP and Musi JA concurring] Sanction of dismissal: An employee with 16 years service was unfairly dismissed for driving a company vehicle without...

Category: 2015