2017 Archives - GilesFiles

Restructuring enterprise obligatory: Offers rejected by employees

by GilesFiles | Dec 13, 2017 | 2017, AUD, Collective Bargain (LRL 5), Conduct & capability, Construction industry, Courts, GN Moshoana, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Lockout/exclusion, LRA 1995, LRA 8a: 185-197B Dismissal, Parties, Power plays (LRL 6), Resolving disputes (LRL 3), Restructuring, Sectors, Statutes (LRL 2)-work, 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,...

Bumping across divisions: Dismissals operationally rational

by GilesFiles | Dec 13, 2017 | 2017, Construction industry, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Parties, Resolving disputes (LRL 3), Sean Snyman, Sectors, Statutes (LRL 2)-work, TES - LRA 198, Topics | 0 |

Num v WBHO Construction (Pty) Ltd Bumping across divisions considered by the labour court but held that the employer had not acted unfairly and that the dismissals were based on sound operational requirements.  Essence Bumping...

Enforcement of undertakings: Counter to restraint order

by GilesFiles | Dec 13, 2017 | 2017, BCEA 77(3) & 77A(e), Causes and defences, Courts, Judges, Labour Court, Labour Court judges, Legal Practice, Restraints, Sectors, 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,...

Legal trifles: De minimis non curat lex

by GilesFiles | Dec 11, 2017 | 2017, Anton Steenkamp, Causes and defences, Courts, Insights, Judges, Labour Court, Labour Court judges, Municipal managers, Parties, Thought Leaders | 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,...

Historical wage disparities: Alleged discrimination

by GilesFiles | Dec 5, 2017 | 2017, AF - Internal equity external parity, Courts, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, Employ Equity (LRL 12), General, Insights, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Parties, Pay differentials, philosophy / economics, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

 Essence Historical wage disparities: Alleged discrimination and consideration of the Employment Equity Act especially s27 and making preliminary procedural rulings.  Decision Amcu v Chamber of Mines South Africa [2017]...

Unilateral contractual changes: LC jurisdiction and powers

by GilesFiles | Nov 29, 2017 | 2017, Anton Steenkamp, BCEA 1997 (LRL 10), Causes and defences, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legislation, Resolving disputes (LRL 3) | 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,...

Customer abusive language: EEA harassment appeal

by GilesFiles | Nov 29, 2017 | 2017, 2017, Anton Steenkamp, Appeals, Costs, Courts, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Harass & bully, Judges, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, Legal Practice, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Contempt of court context: Violent unlawful conduct

by GilesFiles | Nov 23, 2017 | 2017, Anton Steenkamp, Collective action, Contempt, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Parties, Power plays (LRL 6), Resolving disputes (LRL 3), Strike s68 unprotected, 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,...

Temporary incapacity guidelines: Reasonable accommodation

by GilesFiles | Nov 21, 2017 | 2017, Absenteeism, Conduct & capability, Courts, Illness & injury, Labour Court, Labour Relations, MPN Nkutha-Nkontwana, Protect not punish, Resolving disputes (LRL 3), Risks, Sidumo - see also awards s 145, Termination (LRL 8), Topics, Trust & confidence | 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,...

Implied unlawful competition: Restraint facts

by GilesFiles | Nov 17, 2017 | 2017, Anton Steenkamp, Banks, Causes and defences, Courts, Deceased judges, Interdicts & rules, Judges, Labour Court, Labour Court judges, Parties, Resolving disputes (LRL 3), Restraints, Sectors | 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,...

Council dismissal resolution: Challenge as unfair not unlawful

by GilesFiles | Nov 14, 2017 | 2017, Bill of Rights, Courts, Interdicts & rules, Labour Court, Labour Relations, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Parties, Resolving disputes (LRL 3), Sean Snyman, Sectors, 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,...

Category: 2017