Trade unions Archives

Incompetent nullity declaration: Hate speech claim

by GilesFiles | Mar 24, 2021 | 2020 +, appeal, Appeals, Courts, Granted, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Parties, SCA judges, Supreme Court of Appeal, Topics, Trade unions | 0 |

Solidarity v Black First Land First (BLF) SCA made an incompetent nullity declaration anfter deciding that the high court should have taken time to consider Qwelane and rendered its judgment so as to decide the case and could...

Civil engineering industry: Demarcating mining activities?

by GilesFiles | Mar 4, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Bargaining councils, Construction, Courts, Demarcations, Dispute Resolution (LRL 3), 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, Objective or correct, Orders, Parties, Review tests, 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,...

Protected strikers dismissed: Revised rule breached

by GilesFiles | Mar 1, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Cause: contractual breach, Clear and convincing, Common Law, Conduct or capacity, Courts, Discharged on account, Dispute Resolution (LRL 3), Evidence and onus, Granted, Insubordination, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Orders re costs, Parties, Power plays (LRL 6), Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Strike - protected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Valid reason and fair reason | 0 |

Pailpac (Pty) Ltd v De Beer NO The valid and fair reason why protected strikers were dismissed related to their conduct during the strike and more particularly their breach of rules which they were aware of or could reasonably...

Impugning human dignity: Discrimination or differentiation

by GilesFiles | Mar 1, 2021 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Central, Clear and convincing, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, Holistic evaluation, 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, Orders, Parties, Sectors, Special pleas, 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,...

Settlement agreement contested: Irregular ruling discussed

by GilesFiles | Feb 26, 2021 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rule 11, LC Rules, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, 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,...

Trade union usurpers: Non-joinder and urgency?

by GilesFiles | Feb 24, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), ex parte, Exceptions/special pleas, Hospitality, Interdicts and rule nisi, Joinder of parties, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Struck off, Topics, Trade unions, Urgency | 0 |

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Interrupting prescription considered: Debt includes award

by GilesFiles | Feb 8, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Cause: statute, Common Law, Construction, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Granted, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, prescription, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Staying arbitration process: Exceptional circumstances

by GilesFiles | Jan 25, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Urgency | 0 |

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Lockout lawful protected: Pilots and business rescue

by GilesFiles | Dec 29, 2020 | 2020 +, Airline pilots, André van Niekerk, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Power plays (LRL 6), Refused, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions, Transport & communication, Urgency | 0 |

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Unlawful agreement concluded: Invalid and not binding

by GilesFiles | Dec 15, 2020 | 2020 +, 2020 +, Applications, Appointed LAC judges, Bargaining councils, Bill of Rights, Cause: Bill of Rights, Cause: statute, Central, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organisations (LRL 4), Parties, Sectors, Special pleas, 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,...

Union authorised picket: Gatherings Act inapplicable

by GilesFiles | Dec 7, 2020 | 2020 +, appeal, Appeals, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, 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, Picketing, Power plays (LRL 6), SCA judges, Sectors, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics, Trade unions | 0 |

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Replacement workers lawful: Response to suspended strike

by GilesFiles | Nov 30, 2020 | 2020 +, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Power plays (LRL 6), Refused, Sectors, Statutes (LRL 2) - work law, 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