Markets in SA Archives

Corporate visa denied: Language training for SA citizens

by GilesFiles | Feb 18, 2022 | 2020 +, Affirmative action, Applications, Awarded, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Free and fair, Government, High Court, High Court judges, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Markets in SA, Orders, Orders re costs, Organs of state, Parties, philosophy / economics, Policies - strategies - tactics, Protectable business interests, Public policy, Regulations, Review tests, Rules, Scarce skills allowances, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Uniform High Court | 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,...

Protectable interests considered: Restraints and novation

by GilesFiles | Dec 3, 2021 | 2020 +, Applications, Causes of action, Competition, Contractual breach, Courts, Declaratory, Endumeni Municipality case, Evidence and onus, Finance, High Court, High Court judges, Insights, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Markets in SA, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Protectable business interests, Refused, Restraints and restrictions, Sectors, Topics, Urgency | 0 |

Heritage Financial Consultants (Pty) Ltd v Ramborosa What restraints need to be agreed regarding protectable interests and confidentiality to ensure that they are considered for a restraint order? “44 But this does not...

Competitive trade considered: John Patten’s analysis

by GilesFiles | Oct 14, 2021 | Agriculture, Construction industry, Free and fair, Insights, Management, Markets in SA, Sectors, Thought Leaders | 0 |

Trade may be the medium for economic growth between nations, but it is also the cause of friction – sometimes extreme friction leading to sanctions or war. There are today several examples of trade competition increasing...

Them and us: Obstructing real progress in SA

by GilesFiles | Aug 18, 2021 | Insights, Markets in SA, philosophy / economics, Reforms required | 0 |

Retired journalist John Patten correctly points out in his latest ‘editorial’ that “The greatest challenge in these circumstances is to find ways to combine the rich and the poor in one united nation. The...

Provoked assault considered: Fair reason to dismiss

by GilesFiles | Jun 24, 2021 | 2020 +, Applications, Bill of Rights, Central, Consumer protection, Courts, Declaratory, Dignity equality freedom, EEA 6, EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Employment Relations (LRL 1), Evidence and onus, Free and fair, Government, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, Markets in SA, Orders, Orders re costs, Organs of state, Parties, Personal services, Refused, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics, Uniform High Court, Work Science Institute | 0 |

Nampak Products (Pty) Ltd t/a Megapak v CCMA The labour court reviewed and set aside the award after it considered a provoked assault and after being satisfied that the arbitrator “could not reasonably have concluded that...

Wage disparity dispute: Free and fair competition?

by GilesFiles | May 14, 2021 | 2020 +, 7 levels, appeal, Appeals, Appointed LAC judges, CCMA & BC, Collective agreements, Collective Bargaining (LRL 5), Competition, Courts, Declaratory, Dennis Davis, Disallowed, Dispute Resolution (LRL 3), EEA4 differentials s27, EEA9 Levels s21, Employment equity, Equal pay & value, Evidence and onus, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Management, Markets in SA, Objective or correct, Orders, Parties, Pay progression, performance based, Protectable business interests, Reforms required, Remuneration, Review tests, Rulings - s158(1)(g), Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade unions, Transport & communication, Value exchange, Work Science Institute | 0 |

Golden Arrow Bus Service (Pty) Ltd v SARPBC (Trade Unions) The dispute indirectly dealt with unfair discrimination and a wage disparity of about 59% in the same occupational level but there was insufficient evidence placed...

Project based work: No absolute right to work

by GilesFiles | Feb 11, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 77(3) and 77A(e), Causes of action, Construction industry, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Fixed-term contracts, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Markets in SA, Operational requirements-s189, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Proof required, Roman Dutch law principles, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned that the applicant may well have been similarly qualified and...

1988 LRA amendments: Sure recipe for conflict

by GilesFiles | Dec 31, 2020 | Insights, Labour Relations, Labour Relations Act 1995, Markets in SA, Reforms required, Statutes (LRL 2) - work law, Thought Leaders, Topics | 0 |

Looking back on the 1988 LRA amendments there is little doubt that when the former government accepted the recommendations of the Wiehahn Commission in 1979 they failed to understand the nature and effect of what changes to the...

Labour market features: Balancing conflicting interests

by GilesFiles | Dec 30, 2020 | Collective Bargaining (LRL 5), Employment Relations (LRL 1), Free and fair, Insights, Labour Relations, Markets in SA, Micro enterprises, philosophy / economics, Reforms required, Thought Leaders, Topics | 0 |

On 14 July 1994 the then Minister of Labour, Tito Mboweni, delivered a speech to the Labour Law Conference in Durban entitled “The New Labour Market: Prospects for Accommodation and Conflict” and explained the...

Invalid procurement regulations: Preferential procurement appeal

by GilesFiles | Nov 2, 2020 | 2020 +, Associations & corporate bodies, Bill of Rights, Central, Courts, Employment equity, Finance, Free and fair, Government, Inherent requirements, Judges, Legal Practice, Legislation, Markets in SA, Organs of state, Parties, SCA judges, Sectors, SOEs (State Owned Enterprises), Supreme Court of Appeal, Termination & dismissal (LRL 8), Topics | 0 |

Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s...

Repudiating employment contracts: Trust and confidence

by GilesFiles | Aug 18, 2020 | Causes of action, Con 158 (1982), Contractual breach, Dispute Resolution (LRL 3), ILO Conventions, Insights, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Markets in SA, philosophy / economics, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Thought Leaders, Topics, Trust and confidence | 0 |

During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November...

New labour market: Accommodation and conflict

by GilesFiles | Aug 17, 2020 | Insights, Markets in SA, philosophy / economics, Thought Leaders | 0 |

Looking back to the early days and before the introduction of the Labour Relations Act of 1995 it is interesting to find out what the new government had in mind at the time. Recently a speech delivered by the current Minister of...

Category: Markets in SA