2015 Archives - GilesFiles

Public service resignations: Determining notice period

by GilesFiles | Dec 30, 2015 | 2015, André van Niekerk, Causes and defences, Courts, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legislation, Resignations, Sectors, Statutes (LRL 2)-work, Topics, Words & phrases | 0 |

Public service employees require special attention. A calendar month is regarded as ‘one of the 12 periods of time in which the calendar is divided’. This is according to Black’s Law Dictionary (7th ed, 1999). The Public...

Pay progression: Within scope of collective agreement

by GilesFiles | Dec 28, 2015 | 2015, AF - Internal equity external parity, André van Niekerk, Collective Bargain (LRL 5), Courts, Edwin Molahlehi, Insights, Judges, Labour Court, Labour Court judges, Pay differentials, Pay progression, Power plays (LRL 6), Resolving disputes (LRL 3), Strike s68 unprotected, Words & phrases, 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,...

Scrutiny review: High degree of intensity required

by GilesFiles | Dec 19, 2015 | 2015, Anton Myburgh, CCMA awards, Courts, Labour Court, Resolving disputes (LRL 3), Review tests | 1 |

Myburgh AJ in Coega Development Corporation (Pty) Ltd v CCMA (PR270/14) [2015] ZALCPE 64; [2016] 2 BLLR 151; (2016) 37 ILJ 923 (LC) (2 December 2015) at fn 26. “There are a number of factors that serve to warrant this...

Working day: Parlance of the employer

by GilesFiles | Dec 18, 2015 | 2015, Labour Court, Resolving disputes (LRL 3), Words & phrases | 0 |

Imperial Motor Holdings (Pty) Lts t/a Mercedes Benz Commercial: East Rand v Moletsane NO (JR3251/2009) [2015] ZALCJHB 440 (18 December 2015) per Watt-Pringle AJ. In reviewing and setting aside an award the Labour Court held that...

Expiry of contract: No business transfer

by GilesFiles | Dec 18, 2015 | 2015, Courts, Judges, Labour Court, MZN Lallie, Termination (LRL 8) | 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,...

Unlawful competition restraint: Enforced to prevent selling

by GilesFiles | Dec 15, 2015 | 2015, Applications, BCEA 77(3) & 77A(e), BM Whitcher, Causes and defences, Contractual breach, Courts, Granted, Insights, Interdicts & rules, Judges, Labour Court, Labour Court judges, Legal Practice, Protectable interests, Restraints, Topics | 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,...

Fair reason dishonesty: No proof required

by GilesFiles | Dec 10, 2015 | 2015, Causes and defences, Contractual breach, Courts, Edwin Molahlehi, Gross misconduct, Judges, Labour Court, Labour Court judges, Resolving disputes (LRL 3), Termination (LRL 8), Topics, Trust & confidence | 0 |

An employer’s evidence may assist in assessing the effect of misconduct on the trust relationship. But a breakdown of trust may be inferred from the nature of the misconduct, particularly if serious or gross. So arbiters must...

Conditional resignation: Position subject to funding

by GilesFiles | Dec 9, 2015 | 2015, Causes and defences, Courts, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mutual termination, Resignations, Resolving disputes (LRL 3), Settlement agreements, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Functional collective bargaining: Purpose of strike action

by GilesFiles | Dec 8, 2015 | 2015, André van Niekerk, Bill of Rights, Collective Bargain (LRL 5), Labour Court, Power plays (LRL 6), Words & phrases | 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,...

Lawfulness and fairness: Tension relating to dismissals

by GilesFiles | Dec 7, 2015 | 2015, Anton Steenkamp, Causes and defences, Collective Bargain (LRL 5), Hearing procedure, Labour Court, Labour Relations, Lawfulness & fairness, Resolving disputes (LRL 3), Termination (LRL 8) | 0 |

James v Eskom Holdings BPK (C881/2014) [2015] ZALCCT 70 (7 December 2015) per Steenkamp J. The Labour Court was bound by the LAC judgment in Edcon v Steenkamp [2015] 6 BLLR 549 (LAC) and could no longer wait for the final...

Tasting policy: Unfair dismissal despite valid reason

by GilesFiles | Dec 3, 2015 | 2015, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Disciplinary action, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Lawfulness & fairness, Miscellaneous, Poor performance, Protect not punish, Risks, Sidumo - see also awards s 145, Termination (LRL 8), Topics, Trust & confidence, Words & phrases, Zero tolerance | 0 |

Pick ‘n Pay Retailers (Pty) Ltd v CCMA (C1083/14) [2015] ZALCCT 73 (3 December 2015) per Rabkin-Naicker J. The Commissioner found that the dismissal of the employee was substantively unfair and reinstated her with effect...

Obviously wrong: Review test for reasonable award

by GilesFiles | Dec 2, 2015 | 2015, Anton Myburgh, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Resolving disputes (LRL 3), Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

The Labour Court reviewed and set aside a reinstatement award after deciding that the employee was ‘guilty of misconduct’. The award was ‘obviously wrong’. It related to a conflict of interest in the appointment of...

Category: 2015