Markets in SA Archives

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), Cause: contractual breach, Common Law, Construction, 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, 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, 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 | Cause: contractual breach, Cause: statute, Common Law, Con 158 (1982), 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, 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...

Business rescue plan: Unfair dismissal procedure?

by GilesFiles | May 8, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Associations, business rescue, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Markets in SA, Operational process -s189A(13), Operational reasons-189A, Orders, Parties, philosophy / economics, Procedural issues, Risks, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Urgency | 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,...

Reduce wage curve: Avoiding mass dismissals

by GilesFiles | Apr 23, 2020 | Covid-19 issues, Employment equity, impossible or illegal, Insights, Management, Markets in SA, philosophy / economics, Risks | 0 |

Avoiding so-called retrenchments These are unprecedented times and senior managers in most companies are facing difficult decisions to ensure the survival of the enterprises. A first reaction may be to ‘contemplate’...

IMSSA early days: Creation and development

by GilesFiles | Apr 12, 2020 | Insights, Markets in SA, philosophy / economics, Thought Leaders | 0 |

In 1981 the Ford Foundation generously donated funds to enable a mediation service to be established in South Africa. Thanks mainly to the efforts and drive of the late Loet Douws Dekker steps were taken to arrange for...

Covid-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020 +, Cause: regulations, Cause: statute, Common Law, Courts, Covid-19 issues, De bonis propriis, Declaratory, High Court, High Court judges, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, philosophy / economics, Sectors, Topics | 0 |

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

Falsely disparaging rival: Unlawful competition interdicted

by GilesFiles | Mar 19, 2020 | 2020 +, Appeals, Applications, Bill of Rights, Cause: Bill of Rights, Cause: delict, Common Law, Consumer protection, Courts, Free and fair, Granted, Hospitality, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Markets in SA, Parties, Personal services, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Nativa (Pty) Ltd v Austell Laboratories (Pty) Ltd SCA considered a competitor falsely disparaging a rival and allowed the appeal and confirmed what was said as far back as 1887 ‘Fair and honest competition, however active, is...

Trade union affairs: Registrar to investigate

by GilesFiles | Feb 26, 2020 | 2020 +, Applications, Appointed LC judges, Contempt of court, Courts, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, philosophy / economics, Rescission, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Category: Markets in SA