Reforms required Archives

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...

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, 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, Refused, Remuneration, Review tests, Rulings - s158(1)(g), Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade unions, Transport & communication, Value exchange | 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...

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...

Proportional pay differentials: Frameworks and compliance

by GilesFiles | Sep 19, 2018 | EEA 7 Factors, EEA Chpt III ss 12-27, EEA Chpt VI ss 53-65, EEA Codes, EEA Regulations, EEA4 differentials s27, EEA9 Levels s21, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Insights, Labour Relations, philosophy / economics, Reforms required, Remuneration, Statutes (LRL 2) - work law, Thought Leaders, Topics, Value exchange, Work Science Institute | 0 |

“When the Employment Equity Act was being negotiated in 1997, a most unusual provision was inserted at the insistence of the trade union side. This became section 27 of the EEA, which states that every designated employer must...

Sole employer interpretation: Cachalia AJ dissenting judgment

by GilesFiles | Jul 26, 2018 | 2018, 2018, Appeals, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 8b: s185-186(2) Labour practices, LRA Chpt: 9: s198-213 General provisions, Meaning of dismissal, Operation of law, Parties, Reforms required, Sectors, Statutes (LRL 2) - work law, Temporary employment services - 198, Termination & dismissal (LRL 8), Topics | 0 |

Assign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which...

Status changed legally: Sole employer after 3 months

by GilesFiles | Jul 26, 2018 | 2018, 2018, Appeals, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, LRA Chpt: 9: s198-213 General provisions, Meaning of dismissal, Operation of law, Parties, Reforms required, Sectors, Statutes (LRL 2) - work law, Temporary employment services - 198, Termination & dismissal (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,...

Labour relations architecture: NMW means turning point

by GilesFiles | Jun 4, 2018 | Basic Conditions (LRL 10), Dispute Resolution (LRL 3), Insights, Jurisdiction and powers, Labour Relations, philosophy / economics, Power plays (LRL 6), Reforms required, Strike - protected, Topics | 0 |

Eddie Cottle argues that the labour relations architecture has changed with the introduction of a national minimum wage and that amending the LRA is a turning point in South Africa, but that South Africa is sitting on an...

Unemployed citizens need to be empowered to work

by GilesFiles | Feb 22, 2018 | Bill of Rights, Dignity equality freedom, Insights, philosophy / economics, Reforms required | 0 |

Yesterday the Director of the Free Market Foundation, Eustace Davie, called upon President Cyril Ramaphosa to empower unemployed citizens and set them free by allowing them to agree their own contractual terms and grant them job...

Minister fails to meet jurisdictional pre-requisites

by GilesFiles | Feb 15, 2018 | 2018, 2018, Appointed LC judges, Associations & corporate bodies, Bargaining councils, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Organisations (LRL 4), Parties, Reforms required, Review tests, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

 Essence Labour court reviewed and invalidated the Minister’s decision to extend bargaining council administration agreement to non-parties because she failed to comply with LRA s 32(3), 32(5) read with s 32(1) and...

National Skills Authority: Failure to consult over grants

by GilesFiles | Nov 1, 2017 | 2017, Courts, Judges, Labour Appeal Court, Legislation, PAJA 2000, Parties, Private enterprises, Reforms required, Sectors, Setas, 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,...

Labour broker clients: Legitimate service level providers

by GilesFiles | Oct 31, 2017 | Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Insights, Labour Relations, Labour Relations Act 1995, Logistics, Reforms required | 0 |

Labour broker clients: The purpose of sec 27 of the Employment Equity Act (EEA) is to eliminate disproportionate pay differentials within enterprises. So when ‘clients’ use the services of labour brokers and those...

Category: Reforms required