Trade unions Archives

Provoked unprotected strike: No justification found

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Appointed LAC judges, Courts, Dennis Davis, Dismissal: strike related, Dismissals, Dispute Resolution (LRL 3), Hospitality, Judges, 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, Orders re costs, Parties, Power plays (LRL 6), Review tests, Sectors, Statutes (LRL 2) - work law, Strike - protected, Strike - unprotected, Termination (LRL 8), Topics, Trade unions | 0 |

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Agency shop lawful: Compliance with LRA s 25(3)

by GilesFiles | Oct 16, 2019 | 2019, Acting LAC judges, Appeals, Associations, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, Motor industry, Parties, Sectors, Statutes (LRL 2) - work law, 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,...

Non-retroactivity legality principle: LRA 198B examined

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Appointed LAC judges, Associations, Bill of Rights, Courts, Declaratory, Dismissal: operation of law, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Orders, P Coppin, Parties, Public Service, Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination (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,...

Equality Report examined: Binding effect discussed

by GilesFiles | Oct 8, 2019 | 2019, André van Niekerk, Appointed LC judges, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), EEA Chpt V ss 34-52, Employment Equity (LRL 12), Employment Equity Act 1998, Government - central, Judges, Labour Court, Labour Court judges, Labour Relations, Parties, Public Service, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Irregular balloting procedures: Unprotected strike interdicted

by GilesFiles | Oct 7, 2019 | 2019, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Granted, granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 4: s64-77 Strikes & lockouts, Parties, Power plays (LRL 6), Rule nisi, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, Urgency | 0 |

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Protest action prevented: Nedlac and non-compliance

by GilesFiles | Oct 1, 2019 | 2019, appeal, Appointed LC judges, Associations, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Financial services, H Rabkin-Naicker, Interdicts and rule nisi, 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, Parties, Philosophy and economics, Power plays (LRL 6), Protest action, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Urgency | 0 |

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Novel strike demand: Pay progression principle

by GilesFiles | Sep 20, 2019 | 2019, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Government - municipal, Granted, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LLAA 10/18, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Not awarded, Orders re costs, Parties, Power plays (LRL 6), RGO Lagrange, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, Urgency | 0 |

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Union’s payment woes: Condonation refused

by GilesFiles | Sep 19, 2019 | 2019, Appointed LC judges, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, MPN Nkutha-Nkontwana, Parties, Plascon-Evans rule, Refused, Retailing, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Intense union rivalry: Representation of members

by GilesFiles | Sep 12, 2019 | 2019, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), GN Moshoana, Government - municipal, 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: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2) - work law, 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,...

Secret ballot requirement: Strike unprotected

by GilesFiles | Aug 30, 2019 | 2019, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Government - municipal, Granted, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Local Government, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Not awarded, Orders re costs, Parties, Power plays (LRL 6), RGO Lagrange, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, 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,...

Settlement agreement annulled: Common mistake proved

by GilesFiles | Aug 20, 2019 | 2019, Appointed LAC judges, Building & Construction, Collective Bargaining (LRL 5), Common Law, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Organisations (LRL 4), P Coppin, Parties, Sectors, Statutes (LRL 2) - work law, 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,...

Derivative misconduct analysed: Individual and collective

by GilesFiles | Jun 28, 2019 | 2019, 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal: strike related, Dismissals, Dispute Resolution (LRL 3), JC Froneman, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Motor industry, Parties, Philosophy and economics, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Strike - protected, Termination (LRL 8), Topics, Trade unions | 0 |

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd Derivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving...

Category: Trade unions