Insights Archives - GilesFiles

A Legacy of Solutions: Leon Louw’s life and ideas

by GilesFiles | Dec 2, 2025 | AE - Leon Louw, Insights | 0 |

A Legacy of Solutions — The life and ideas of Leon Louw, the libertarian who helped shape SA’s Constitution Four decades ago, The Solution, a best-seller co-authored by Leon Louw, helped shape South Africa’s political...

Sapiential authority and management: Difference?

by GilesFiles | Nov 19, 2025 | AB - Law generally, AU - ChatGPT, Authority: Sapiential or delegated, Insights, Managerial prerogative, Work Science Institute | 0 |

How does sapiential authority differ from line management and why is it important? Nature of the Authority Sapiential Authority = authority based on wisdom, expertise, or specialised knowledge. You are listened to because you...

Fair labour practices: Benefit lawful but unfair?

by GilesFiles | Nov 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs awarded, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 194, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, 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,...

Extending main agreement: Majoritarianism & collective bargaining

by GilesFiles | Nov 13, 2025 | 2020 onwards, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs not awarded, Courts, Declaratory, Disallowed, Free and fair, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 1995, Markets in SA, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, Transport & communication | 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,...

Gross misconduct confirmed: Falsely upgrading employees

by GilesFiles | Nov 13, 2025 | Bill of Rights, Causes and defences, Central, Conduct - gross, Contractual breach, Costs not awarded, Courts, Evidence & onus, False assumptions, Insights, Interpretation etc, Intolerable, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Founding of ILO 1919: Ratification of Conventions

by GilesFiles | Nov 10, 2025 | AA - Resources generally, AL - ILO, AU - ChatGPT, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, Insights | 0 |

South Africa was a founder member of the ILO in 1919. But USA only joined in about 1934 and failed or refused to adopt most Conventions arguing that there were 50 states and it was not possible to get agreement from them all. Is...

Disregarding procedural rules: Disallowed appeal

by GilesFiles | Nov 4, 2025 | 2020 onwards, AH02a - LC rules current, AH07 - Practive Manual, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, LC-Practice Manual, Legal Practice, Legislation, LRA 01: 1-3 Purpose, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Just and equitable remedy: In all the circumstances

by GilesFiles | Nov 2, 2025 | AB - Law generally, AU - ChatGPT, Costs not awarded, Insights, LRA 193, LRA 194 | 0 |

Just and equitable remedy: In all the circumstances N v SA Mint (Rf) (Pty) Ltd (JS475/2022) [2024] ZALCJHB 445; (2025) 46 ILJ 964 (LC) (4 November 2024) per R Itzkin AJ. Excerpt regarding awarding compensation ito ss 193-195 of...

Increased life expectancy: Medical field boom

by GilesFiles | Nov 1, 2025 | AA - Resources generally, AU - ChatGPT, Insights | 0 |

It can be argued that increased life expectancy has contributed to a boom in the medical field, but it’s important to frame it carefully and support it with reasoning. The increasing life expectancy of populations worldwide has...

TASK agreement back-pay: Standing and granted relief

by GilesFiles | Oct 31, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Equal pay and value, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, Management, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), SCA judges, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, 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,...

Averments and artificial distinction: Reasonable appeal prospects

by GilesFiles | Oct 30, 2025 | 2020 onwards, AH07 - Practive Manual, Appeals, Appeals - leave, Causes and defences, Conduct unbecoming, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC-Practice Manual, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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: Insights