Trade unions Archives

Security arrangements considered: Stay discretion exercised

by GilesFiles | Oct 15, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Rules, Sectors, Security for award - s145, Statutes (LRL 2) - work law, staying proceedings and execution, Topics, Trade unions, Urgency | 0 |

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Upholding maximum compensation: Unprotected strike action

by GilesFiles | Sep 14, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Cause: contractual breach, Cause: general, Common Law, Compensation, Courts, Dispute Resolution (LRL 3), John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Refused, Reinstatement, Review tests, Roman Dutch law principles, Rules, Sectors, Statutes (LRL 2) - work law, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Unprotected strike dismissals: Reinstatement overturned

by GilesFiles | Sep 9, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Gross misconduct, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Valid reason and fair reason | 0 |

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Advisory award compulsory: LC issued directive

by GilesFiles | Sep 8, 2021 | 2020 +, Applications, Appointed LC judges, 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, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Power plays (LRL 6), Rules, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, Urgency | 0 |

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Unprotected strikers dismissed: Inadmissible hearsay evidence

by GilesFiles | Sep 7, 2021 | 2020 +, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Construction industry, Courts, Declaratory, Dispute Resolution (LRL 3), Electricity, Interpretation and application, 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, Misconduct generally, Orders, Orders re costs, Parties, Power plays (LRL 6), Sectors, Statement of claim, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Interdicting unlawful conduct: Participation by workers

by GilesFiles | Aug 31, 2021 | 2020 +, Agriculture, appeal, Appeals, Applications, Bill of Rights, Cause: general, Circumstantial, Common Law, ConCourt judges, Confirmed, Constitutional Court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Granted, Interdicts and rule nisi, Interim relief, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Picketing, Power plays (LRL 6), Private enterprises, Review tests, Rule nisi, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 0 |

Csaawu v Oak Valley Estates (Pty Ltd Interdicting unlawful conduct by workers being persons ‘doing work for’ the employer but ‘not working for’ the employer and as such not ’employees’ in the...

Closed shop agreement: Verification exercise

by GilesFiles | Aug 28, 2021 | 2020 +, Applications, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Exceptions/special pleas, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, Private enterprises, Refused, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Rejecting nullity argument: Jurisdiction lacking

by GilesFiles | Aug 17, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), erroneously sought, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Dispute beyond jurisdiction: Settlement agreement applied

by GilesFiles | Aug 13, 2021 | 2020 +, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, 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: 9: s198-213 General provisions, Manufacturing, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Review tests, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Temporary employment services - 198, Topics, Trade unions | 0 |

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Withdrawn review application: Abuse of process?

by GilesFiles | Jul 27, 2021 | 2020 +, appeal, Appeals, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Personal services, Review tests, Rules, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Costs broad discretion: Ongoing relationship considered

by GilesFiles | Jul 23, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Central, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Orders re costs, Organs of state, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Zungu doctrine | 0 |

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Unreasonable renewal expectation: Employer’s appeal upheld

by GilesFiles | Jun 29, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Duty to begin, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, Granted, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Objective or correct, Orders, Parties, Reasonable expectation, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Transport & communication | 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: Trade unions