2016 Archives | GilesFiles

Contractual sanctity: Embraces dignity and equality

by GilesFiles | Dec 14, 2016 | 2016, 2016, AA Landman, Appointed LAC judges, Bill of Rights, Common Law, Consumer protection, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Edwin Cameron, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, philosophy / economics, Topics, Words & phrases | 3 |

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, Appointed LAC judges, Bill of Rights, Common Law, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, Topics | 3 |

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, Appointed LAC judges, Collective Bargaining (LRL 5), Courts, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Statutes (LRL 2) - work law, 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, Dispute Resolution (LRL 3), Labour Appeal Court, Promotion / demotion - 186(2)(a) | 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, Acting LAC judges, Awards -s145, Courts, Dismissal generally, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Review tests, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 5 |

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, Acting LAC judges, Appeals, Courts, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Orders, Reinstatement, Statutes (LRL 2) - work law, Termination & dismissal (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, Dispute Resolution (LRL 3), Evidence and 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, 7 levels, AA Landman, André van Niekerk, Appointed LAC judges, Appointed LC judges, Courts, Judges, Labour Appeal Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, LAC judges, Objective or correct, Promotion / demotion - 186(2)(a), Retired judges, 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, Acting LAC judges, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Statutes (LRL 2) - work law, Termination & dismissal (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...

Relevant circumstances when reviewing dismissals

by GilesFiles | Nov 22, 2016 | 2016, Acting LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Insubordination, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 2 |

Commissioners must determine whether there was a valid and fair reason to dismiss but are not empowered to consider afresh what they would have done. They simply decide whether what the employer did was fair or unfair. In...

Substantive unfairness: Joint consensus-seeking

by GilesFiles | Nov 22, 2016 | 2016, Acting LAC judges, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Operational requirements-s189, Termination & dismissal (LRL 8), Topics | 0 |

All dismissals have to be procedurally and substantively valid and fair apart from being lawful. In particular dismissals related to conduct and capacity require employers to prove the validity of the reason and then that it...

Interpreting vetting condition: Suspensive or resolutive?

by GilesFiles | Nov 22, 2016 | 2016, André van Niekerk, Appointed LAC judges, Appointed LC judges, Common Law, Courts, Dismissal generally, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Appeal Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operation of law, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 4 |

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Category: 2016