2014 and earlier Archives

Resignation without notice: Options considered

by GilesFiles | Dec 29, 2015 | 2014 and earlier, BCEA 1997 (LRL 10), Causes and defences, Courts, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Municipal managers, Parties, Protectable interests, Public policy, Resignations, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Unilateral implementation by employer

by GilesFiles | Jul 30, 2015 | 2014 and earlier, Anton Steenkamp, Courts, Deceased judges, Judges, Labour Court, Labour Court judges, Lockout/exclusion | 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,...

Interest dispute: unlocking

by GilesFiles | Dec 23, 2014 | 2014 and earlier, Associations/corporates, Bargaining councils, Courts, Judges, Labour Court, Lockout/exclusion, 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, Associations/corporates, Bargaining councils, Courts, Judges, Labour Court, Labour Court judges, Lockout/exclusion, Parties, Sectors, Termination (LRL 8), Topics, 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, Associations/corporates, Bargaining councils, Collective Bargaining (LRL 5), Courts, Free and fair, Judges, Labour Court, Labour Relations, LRA 1995, Parties, Sectors, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 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, André van Niekerk, Associations/corporates, Bargaining councils, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Courts, ERelations (LRL 1), Free and fair, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legality principle, LRA 1995, Parties, Review tests, Sectors, Statutes (LRL 2)-work, 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,...

Operational requirements procedures: Dismissal

by GilesFiles | Dec 15, 2014 | 2014 and earlier, André van Niekerk, Checklists, Courts, Judges, Labour Court, Labour Relations, Termination (LRL 8), 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, AB1 - Fairness principle or concept, André van Niekerk, Checklists, Courts, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 1995, Statutes (LRL 2)-work, Termination (LRL 8), 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...

When bumping inapproriate: Depends on operational needs

by GilesFiles | Dec 9, 2014 | 2014 and earlier, Bumping, Courts, Judges, Labour Court, Labour Relations, Sean Snyman, Termination (LRL 8), 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...

Consulting operational requirements: Joint consensus-seeking

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...

Unfair labour practice: Benefits include regrading

by GilesFiles | Dec 2, 2014 | 2014 and earlier, AF - Internal equity external parity, Anton Steenkamp, Courts, Deceased judges, Insights, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 1995, LRA 8b: 185-186(2) Practices, Management, Practices (LRL 9), Statutes (LRL 2)-work, Topics | 2 |

Thiso v Moodley NO (JR2209/13) [2014] ZALCCT 65 [2015] 5 BLLR 543; (2015) ILJ 1628 (2 December 2014) per Anton Steenkamp J Justice Steenkamp has once again in no uncertain terms confirmed that the concept of ‘benefits’ referred...

Bargaining council: Issues re LRA s 32

by GilesFiles | Dec 1, 2014 | 2014 and earlier, Associations/corporates, Bargaining councils, Collective Bargaining (LRL 5), Courts, ERelations (LRL 1), Judges, Labour Court, Labour Relations, LRA 1995, Organisations (LRL 4), Statutes (LRL 2)-work, Topics, Trade unions | 1 |

Neasa v MEIBC (J2616/14, J2339/14) [2014] ZALCJHB 477; [2015] 2 BLLR 157 (LC) per Rabkin-Naicker J. LC summary: Urgent applications to interdict request to the Minister to extend a collective agreement to non-parties in terms of...

Category: 2014 and earlier