Reforms required Archives

Extending agreement to non-parties: Novel arguments considered

by GilesFiles | Apr 3, 2025 | 2020 onwards, Causes and defences, Costs, Courts, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Markets in SA, Orders, Parties, Reforms required, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, 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,...

Lawful lockout confirmed: Changing terms & conditions

by GilesFiles | Nov 27, 2024 | 2020 onwards, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Balancing interests, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Disallowed, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 8b: 185-186(2) Practices, Management, Managerial prerogative, Markets in SA, Operational reasons, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Private enterprises, Reforms required, Resolving disputes (LRL 3), Restructuring, Retirement, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, Topics, Trade | 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 law developments: South Africa since 1981

by GilesFiles | Jan 10, 2024 | AA - Resources generally, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AJ - General, André van Niekerk, Balancing interests, ERelations (LRL 1), ILO Convention 158/1982, ILO Conventions, Insights, Organisations (LRL 4), Reforms required, Termination (LRL 8), Thought Leaders, Trust & confidence, Work Science Institute | 3 |

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,...

Minimum wages: Hurt the working poor

by GilesFiles | Oct 19, 2023 | AB - Law generally, Insights, Markets in SA, Reforms required | 0 |

Raising the minimum wage is a popular policy among politicians and activists who say they want to help the working poor. But adding to the already voluminous literature showing the harmful effects of minimum wages—specifically,...

Fairness and public policy: Contractual breach?

by GilesFiles | Aug 15, 2023 | 2020 onwards, Costs, Courts, Free and fair, High Court, High Court judges, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Markets in SA, Orders, Parties, Reforms required, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

AHMR Hospitality (Pty) Ltd t/a Bakenhof Winelands Venue v GdS Fairness and public policy  Essence Fairness and public policy  Decision (A161/2022) [2023] ZAWCHC 206 (15 August 2023) Order: Disallowed appeal with costs....

Freedom to negotiate: Allow employees to do so

by GilesFiles | May 15, 2023 | AA - Resources generally, AB - Law generally, False assumptions, Free and fair, Insights, Legislation, Management, Markets in SA, Reforms required | 0 |

Over the past few months news headlines have been dominated by the power crisis, while this is understandable given its fundamental importance to the economy, we should not lose sight of the unemployment crisis. In fact these...

Proportional pay differentials: Frameworks and compliance

by GilesFiles | Mar 11, 2023 | AF - Internal equity external parity, EEA 1998, EEA 7 Factors, EEA Chpt III ss 12-27, EEA Chpt VI 53-65, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, Markets in SA, Pay differentials, Pay progression, philosophy / economics, Reforms required, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, Topics, 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...

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 onwards, AF - Internal equity external parity, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), CCMA & BC, Collective Bargaining (LRL 5), Conduct & capacity, Courts, Declaratory, Dennis Davis, Disallowed, EEA4 s27, EEA9 Levels s21, Equal pay and value, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Markets in SA, Objective - correctness, Orders, Parties, Pay progression, Performance, Protectable interests, Reforms required, Review tests, Risks, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Topics, Trade unions, Transport & communication, Trust & confidence, 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...

1988 LRA amendments: Sure recipe for conflict

by GilesFiles | Dec 31, 2020 | AH - Labour Legislation & Rules, AJ - General, Insights, Labour Relations, LRA 1995, Markets in SA, Reforms required, Statutes (LRL 2)-work, 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 | AA - Resources generally, Collective Bargaining (LRL 5), ERelations (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...

Sole employer interpretation: Cachalia AJ dissenting

by GilesFiles | Jul 26, 2018 | 2018, 2018, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 1995, LRA 8b: 185-186(2) Practices, LRA 9: 198-213 General, Operation of law, Parties, Practices (LRL 9), Reforms required, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), TES - LRA 198, 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...

Category: Reforms required