2014 and earlier Archives

Equal pay for equal value: Achieve lawful lockout

by GilesFiles | Sep 23, 2016 | 2014 and earlier, Anton Steenkamp, Appointed LC judges, Courts, Declaratory, Discrimination (LRL 11), Dismissal: operational requirements, Dispute Resolution (LRL 3), Judges, Labour brokers or TES, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Power plays (LRL 6), Statutes (LRL 2) - work law, Termination (LRL 8), 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,...

Resignation meaning: Act differs from notice period

by GilesFiles | Dec 29, 2015 | 2014 and earlier, Acting LC judges, Basic Conditions (LRL 10), BCEA 1997, Common Law, Courts, Dismissal: defined, Halton Cheadle, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Municipal managers, Parties, Resignation voluntary, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 2 |

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...

Unilateral implementation by employer

by GilesFiles | Jul 30, 2015 | 2014 and earlier, Anton Steenkamp, Appointed LC judges, Courts, Deceased judges, Judges, Labour Court, Labour Court judges, Lockout/lock-out | 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,...

Introducing short-time: Invalid reason to dismiss

by GilesFiles | Jul 29, 2015 | 2014 and earlier, Anton Steenkamp, Collective Bargaining (LRL 5), Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Lockout/lock-out, 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,...

Interest dispute: unlocking

by GilesFiles | Dec 23, 2014 | 2014 and earlier, 35 Manufacture of basic metals, Associations, Bargaining councils, Courts, Judges, Labour Court, Lockout/lock-out, Parties, Sectors | 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,...

Lockout: blowing the whistle

by GilesFiles | Dec 23, 2014 | 2014 and earlier, 35 Manufacture of basic metals, Associations, Bargaining councils, Courts, Judges, Labour Court, Labour Court judges, Lockout/lock-out, Parties, Sectors, Trade unions | 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,...

Collective agreement: extension of MEIBC cancelled

by GilesFiles | Dec 18, 2014 | 2014 and earlier, 35 Manufacture of basic metals, Associations, Bargaining councils, Collective Bargaining (LRL 5), Courts, Judges, Labour Court, Labour Relations, Labour Relations Act 1995, Parties, Sectors, Statutes (LRL 2) - work law, Thought Leaders, 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,...

Collective agreement: Minister’s invalid extension

by GilesFiles | Dec 17, 2014 | 2014 and earlier, 35 Manufacture of basic metals, André van Niekerk, Appointed LC judges, Associations, Bargaining councils, Bill of Rights, Collective Bargaining (LRL 5), Common Law, Courts, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legality principle, Parties, Review tests, Rulings - s158(1)(g), Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Thought Leaders, 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: procedures for operational requirements

by GilesFiles | Dec 15, 2014 | 2014 and earlier, André van Niekerk, Checklists, Courts, Dismissal: operational requirements, Judges, Labour Court, Labour Relations, Topics | 1 |

After holding that a dismissal based on operational requirements was substantively fair Justice André van Niekerk restated the legal requirements for procedural fairness and the importance of patience and genuine joint...

Fair Dismissal: Operational requirements procedures

by GilesFiles | Dec 15, 2014 | 2014 and earlier, André van Niekerk, Appointed LC judges, Checklists, Compensation, Courts, Dismissal: operational requirements, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Statutes (LRL 2) - work law, Topics | 1 |

Section 189 of the LRA is clear and should not be held up as check-list to conduct consultation by litigation. It is not appropriate to judge each of the requirements separately. It must be done prudently. Failure to comply...

Bumping: when not appropriate

by GilesFiles | Dec 9, 2014 | 2014 and earlier, Courts, Dismissal: operational requirements, Judges, Labour Court, Labour Relations, Topics | 0 |

Nacbawu obo Nhavene v Extra Dimensions 1158 (Pty) Ltd (JS 638 / 2010) [2014] ZALCJHB 502 (9 December 2014) LC summary: #1 Operations requirements – s 189 – selection of employees – issue of bumping – principles...

Dismissal: consulting about operational requirements

by GilesFiles | Dec 5, 2014 | 2014 and earlier, Collective Bargaining (LRL 5), Courts, Judges, Labour Court, Labour Court judges | 2 |

Ketse v Telkom SA Soc Ltd (P 400/14) [2014] ZALCPE 38 [2015] 4 BLLR 436 (5 December 2014) per Lallie J. Employers are obliged to engage in a meaningful joint consensus-seeking process after they contemplate the likelihood of...

Category: 2014 and earlier