2016 Archives - GilesFiles

Contractual sanctity: Embraces dignity and equality

by GilesFiles | Dec 14, 2016 | 2016, 2016, AA Landman, Bill of Rights, Causes and defences, Consumer protection, Courts, Dignity equality freedom, Edwin Cameron, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, philosophy / economics, Topics, Words & phrases | 1 |

Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The recent unanimous decision of the LAC must be...

Dominant contractual consultancy: Terms acceptable

by GilesFiles | Dec 14, 2016 | 2016, 2016, AA Landman, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, Topics | 1 |

Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The appellant appealed against the setting aside...

Interpreting collective agreement: Lay-off and short-time

by GilesFiles | Dec 8, 2016 | 2016, Collective Bargaining (LRL 5), Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, LP Tlaletsi, LRA 1995, Statutes (LRL 2)-work, Topics | 1 |

Vanchem/Vanachem Vanadium Products (Pty) Ltd v Numsa (JA33/16) [2016] ZALAC 62 ; (2017) ILJ 926 (8 December 2016) per Tlaletsi DJP (Coppin and Landman JJA concurring) The LAC allowed the employer’s appeal and set aside the...

Providing adequate reasons: Needed to justify awards

by GilesFiles | Dec 8, 2016 | 2016, Labour Appeal Court, MV Phatshoane, Promotion or demotion | 1 |

Hospersa v MEC: Health, Eastern Cape (PA2/2015) [2016] ZALAC 64 (2017) ILJ 890 (LAC) (8 December 2016) per Phatshoane AJA (Coppin and Landman JJA concurring) The LAC allowed the appeal and set aside the order of Lallie J in the...

Unreasonable award considered: Straining limits

by GilesFiles | Nov 25, 2016 | 2016, AB - Law generally, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Conduct & capacity, Courts, Insights, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Mutual termination, Review tests, Risks, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 4 |

G4S Secure Solutions (SA) (Pty) Ltd v Ruggiero NO (CA2/2015) [2016] ZALAC 55 ; (2017) ILJ 881 ; [2016] JOL 37028 (25 November 2016) per Savage AJA (Waglay JP and Landman JA concurring) The LAC allowed the employer’s appeal and...

Considering unauthorised absence: Reinstatement ordered

by GilesFiles | Nov 25, 2016 | 2016, Absenteeism, Appeals, Courts, Fair procedure, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, Orders, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Pick n Pay Retailers (Pty) Ltd v Saccawu obo Mzazi (CA19/2015) [2016] ZALAC 56 (25 November 2016) per Savage AJA (Waglay JP and Landman JA concurring) There is little doubt that there was a valid reason to dismiss the employee...

Dismissal not unfair after 15 years

by GilesFiles | Nov 25, 2016 | 2016, Evidence & onus, Labour Appeal Court, Legal Practice | 0 |

An employee was dismissed almost 15 years ago on 4 June 2001 and there were 2 arbitral awards and 3 review applications in the LC. The employer appealed against the judgment of Cele J, dated 11 February 2014. The LAC allowed...

Expelling shop steward: Demotion not proved

by GilesFiles | Nov 24, 2016 | 2016, AA Landman, André van Niekerk, Courts, Judges, Labour Appeal Court, Labour Court judges, Labour Relations, LAC judges, Objective - correctness, Practices (LRL 9), Promotion or demotion, Retired judges, Seven occupational levels, Words & phrases | 1 |

Mhlekude v South African Airways (Soc) Ltd (PA5/15) [2016] ZALAC 59 (2017) ILJ 577 (LAC) (24 November 2016) per Landman JA (Coppin JA and Phatshoane AJA concurring) The LAC disallowed the appeal and upheld the order of Van...

Base dismissal on sound operational grounds

by GilesFiles | Nov 22, 2016 | 2016, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

The LAC disallowed the employer’s appeal and upheld the finding that the employee had been substantively and procedurally unfairly dismissed, but amended the retrospective reinstatement order slightly. As the employee was...

Reviewing dismissal awards: Relevant circumstances

by GilesFiles | Nov 22, 2016 | 2016, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Conduct - gross, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Private enterprises, Progressive, Protect not punish, Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence | 1 |

Sylvania Metals (Pty) Ltd v Mello NO (JA83/2015) [2016] ZALAC 52 (22 November 2016) per Savage AJA (Waglay JP and Molemela JA concurring) Commissioners must determine whether there was a valid and fair reason to dismiss but are...

Substantive unfairness: Joint consensus-seeking

by GilesFiles | Nov 22, 2016 | 2016, Conduct & capacity, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Operational reasons, Termination (LRL 8), Topics | 0 |

H v Secequip (Pty) Ltd (JA91/2014) [2016] ZALAC 53 (22 November 2016) per Savage AJA (Waglay JP and Phatshoane AJA concurring) All dismissals have to be procedurally and substantively valid and fair apart from being lawful. In...

Interpreting vetting condition: Suspensive or resolutive?

by GilesFiles | Nov 22, 2016 | 2016, André van Niekerk, Causes and defences, Conduct & capacity, Courts, Interpretation etc, Judges, Labour Appeal Court, Labour Court judges, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, P Coppin, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 3 |

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Category: 2016