Category: 2013 and earlier

Equal pay for equal value: Achieve lawful lockout

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,...

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Resignation meaning: Act differs from notice period

Resignation, or notice to terminate, is not the same as the period of notice.  An employee’s failure to provide the contractual notice period does not affect the legality of the resignation itself. Lottering v Stellenbosch...

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Snyman AJ: seven reportable judgments

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,...

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LRA 191(6): CCMA director referring dispute to labour court

Mbhele v SA Bank Note Company (Pty) Ltd (JS 844/11) [2013] ZALCJHB 29; (2013) 34 ILJ 2889 (LC) (15 March 2013) per Van Niekerk J. LRA 191(6) allows the CCMA director to refer disputes to the labour court.  Not all labour...

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Workplace thresholds: Interdict re collective agreement

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,...

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Collective bargaining or legalised cartel

Bowman Gilfillan director and labour law specialist John Brand says he believes that bargaining councils are in a crisis as it is questionable whether many still cover a majority of their industries.   A legal blow against the...

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Principle of legality: Appropriate remedies

Recently the Constitutional Court has stressed the ‘fundamental constitutional importance of the principle of legality, which requires invalid administrative action to be declared unlawful’.   The discretionary choice of an...

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Neasa v Minister of Labour – JR3062/11 (LC)

Further to the recent post Breaking news – Minister’s extension of MEIBC agreement set aside it has now been possible to obtain a copy of the actual Labour Court judgement but not in a format that could be ‘posted’...

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Breaking news: MEIBC agreement set aside

On 23 September 2011 the Minster of Labour published a notice in the Government Gazette purporting to extend the collective agreement concluded by MEIBC to various non-parties.   NEASA applied to the Labour Court to have the...

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