CCMA members Archives

Discrimination and equal pay: Dignity must be affected

by GilesFiles | Jul 20, 2024 | Causes and defences, CCMA awards, CCMA members, Costs, Courts, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Seven occupational levels, Statutes (LRL 2)-work, 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,...

Alleged harassment and bullying: Senior manager compensated

by GilesFiles | Jun 9, 2024 | Applications, Banks, BCEA 1997 (LRL 10), Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, Evidence & onus, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Misconduct & incapacity, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Words & phrases | 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,...

Terminating collective agreement: Just or good cause

by GilesFiles | Jan 26, 2024 | Applications, Causes and defences, CCMA awards, CCMA members, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 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,...

Changes in organisational structure: Differentiation not discrimination

by GilesFiles | Sep 12, 2023 | AB - Law generally, AF - Internal equity external parity, Applications, Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Hospitality, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Relations, Legal Practice, Legislation, Management, Orders, Parties, Pay differentials, Pay progression, Personal services, Private enterprises, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

NP v Ezemvelo KZN Wildlife Do changes in organisational structure present management with opportunity to ensure compliance with equal pay for work of equal value? “[14] Applicant is bound by the characterisation of the...

Equal pay dispute: Comparators with longer service

by GilesFiles | Aug 13, 2023 | AF - Internal equity external parity, Applications, Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Management, Orders, Parties, Pay differentials, Private enterprises, Sectors, Statutory, Topics, Trade | 0 |

Upswu obo M v Tiger Brands (Pty) Ltd What distinguishes a dispute about equal pay from a dispute about equal value and why is length of service a relevant factor? “[36] In the Pioneer case, the Court stated as follows in...

Remote working considered: CCMA jurisdiction lacking

by GilesFiles | May 21, 2023 | BCEA 1997 (LRL 10), Causes and defences, CCMA awards, CCMA members, CCMA Rules-old, Costs, Courts, Declaratory, Evidence & onus, Inherent requirements, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Misconduct & incapacity, Operational reasons, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

R v Searlco Ltd Do our labour laws apply to persons who engage in remote working for an overseas company? “[41] In the end, having considered all the evidence pertaining to the territorial jurisdiction submitted by the...

Prematurely terminating employment: Retirement age?

by GilesFiles | May 5, 2023 | AB - Law generally, AUD, Bill of Rights, Causes and defences, CCMA awards, CCMA members, Contractual breach, Courts, Declaratory, Evidence & onus, False assumptions, Fixed-term, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA C: 133-150 CCMA, Management, Misconduct & incapacity, Operation of law, Orders, Parties, Personal services, Policies - all, Protectable interests, Public policy, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

RE / University of Fort Hare Prematurely terminating employment  Essence Prematurely terminating employment  Decision (ECEL39-23) [2023] 7 BALR 756 (CCMA) (5 May 2023) Order: [39] The respondent is ordered to reinstate...

Unequal pay determined: Arbitrary grounds

by GilesFiles | Apr 18, 2023 | AF - Internal equity external parity, Applications, Bill of Rights, Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Inherent requirements, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Misconduct & incapacity, Operational reasons, Orders, Parties, Pay differentials, Pay progression, Performance, Policies - all, Provincial, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

MH v Department of Education – Eastern Cape When will unequal pay be determined as grossly unfair and discriminatory base simply on arbitrary grounds of background and education? “[27] The discriminatory conduct, given the...

Awards late delivery: Right to respond

by GilesFiles | Nov 2, 2022 | Applications, BCEA 1997 (LRL 10), Causes and defences, CCMA & BC, CCMA awards, CCMA members, Central, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA C: 133-150 CCMA, LRA Sch 8: GP Code, Management, Managerial prerogative, Misconduct & incapacity, Orders, Parties, Policies - all, 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,...

Operational requirements paramount: Covid-19 vaccine

by GilesFiles | May 9, 2022 | Bill of Rights, Causes and defences, CCMA awards, CCMA members, Contractual breach, Costs, Courts, Declaratory, Incompatibility, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Operational reasons, Orders, Parties, Performance, Personal services, Policies - all, Private enterprises, Risks, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

B v Baroque Medical (Pty) Ltd When do operational requirements become paramount and a valid and fair reason to terminate employment on notice? “[55] The risk assessment and subsequent imposition of the mandatory policy as well...

Covid-19 operational requirements: Dismissal valid and fair

by GilesFiles | Mar 7, 2022 | Applications, AUD, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, CCMA awards, CCMA members, CCMA Rules-old, Contractual breach, Costs, Courts, Covid-19 issues, Impossibility or illegality, Insights, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Operational reasons, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Zero tolerance | 0 |

Dryden v Duncan Korabie Attorneys How should managers deal with employees who refuse to be vaccinated and may employment be terminated after following a fair procedure and should the reason for dismissal be related to conduct or...

Safe work environment: Capacity related dismissal upheld

by GilesFiles | Jan 21, 2022 | Bill of Rights, CCMA awards, CCMA members, Courts, Judges, Labour Relations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Misconduct & incapacity, Operational reasons, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, 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,...

Category: CCMA members