2014 and earlier Archives

Equal pay equal value: Achieve lawful lockout

by GilesFiles | Sep 23, 2016 | 2014 and earlier, Anton Steenkamp, Appointed LC judges, Courts, Declaratory, Discrimination (LRL 11), Dispute Resolution (LRL 3), Equal pay & value, Judges, 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, Operational requirements-s189, Orders, Parties, Power plays (LRL 6), Statutes (LRL 2) - work law, Temporary employment services - 198, Termination & dismissal (LRL 8), Topics, Value exchange | 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 explained: Differs from notice period

by GilesFiles | Dec 29, 2015 | 2014 and earlier, Acting LC judges, Basic Conditions (LRL 10), BCEA 1997, Common Law, Courts, Insights, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Meaning of dismissal, Municipal managers, Parties, Protectable business interests, Public policy, Resignation voluntary, Statutes (LRL 2) - work law, Termination & dismissal (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, 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, Dispute Resolution (LRL 3), Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Lockout/lock-out, Operational requirements-s189, Power plays (LRL 6), Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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, Associations & corporate bodies, 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, Associations & corporate bodies, Automatically unfair - s187, Bargaining councils, Courts, Judges, Labour Court, Labour Court judges, Lockout/lock-out, occupational detriment, Parties, protected disclosure, Sectors, Termination & dismissal (LRL 8), Topics, Trade unions, Whistleblowing | 0 |

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Collective agreement: extension of MEIBC cancelled

by GilesFiles | Dec 18, 2014 | 2014 and earlier, Associations & corporate bodies, Bargaining councils, Collective Bargaining (LRL 5), Courts, Free and fair, Judges, Labour Court, Labour Relations, Labour Relations Act 1995, Parties, Sectors, Statutes (LRL 2) - work law, Thought Leaders, Topics, Work Science Institute | 0 |

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Collective agreement: Minister’s invalid extension

by GilesFiles | Dec 17, 2014 | 2014 and earlier, André van Niekerk, Appointed LC judges, Associations & corporate bodies, Bargaining councils, Bill of Rights, Collective Bargaining (LRL 5), Common Law, Courts, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Free and fair, 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,...

Operational requirements procedures: Dismissal

by GilesFiles | Dec 15, 2014 | 2014 and earlier, André van Niekerk, Checklists, Courts, Judges, Labour Court, Labour Relations, Operational requirements-s189, Procedural issues, Termination & dismissal (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, André van Niekerk, Appointed LC judges, Checklists, Compensation, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Operational requirements-s189, Procedural issues, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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, Courts, Judges, Labour Court, Labour Relations, Operational requirements-s189, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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, Operational process -s189A(13) | 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