Trade unions Archives

Disproportionate income differentials: Novel test case

by GilesFiles | May 14, 2024 | 2020 onwards, AB - Law generally, AF - Internal equity external parity, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, Insights, Interpretation etc, Job evaluation, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Mining, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Pleadings, Private enterprises, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Seven occupational levels, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, 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,...

Unlawful intentional interference: Contractual relationships

by GilesFiles | Dec 22, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, DN Unterhalter, Finance, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Orders, Parties, Personal services, Protectable interests, Public policy, Resolving disputes (LRL 3), Restraints, SCA judges, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Territorial jurisdiction, Topics, Trade unions, Words & phrases | 0 |

Samwumed v City of Ekurhuleni What amounts to unlawful intentional interference with contractual relationships such as those between trade unions and bargaining councils? “[24] Does the conduct of COE amount to an unlawful...

Precautionary suspensions examined: Complying with constitution

by GilesFiles | Nov 28, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suspensions, 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,...

Defamation claim allowed: Substantial damages awarded

by GilesFiles | Jul 21, 2023 | 2020 onwards, Costs, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

KAB v Numsa Why was trade union member awarded substantial damages after defamation claim allowed relating to disclosure of HIV status? “[39] The Plaintiff claimed an amount of R1 000 000-00 from all three (3) Defendants....

Genuine trade union: Registration ordered

by GilesFiles | Jun 21, 2023 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, ILO Convention 87, ILO Conventions, ILO’s supervisory bodies, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1: 1-3 Purpose, LRA 1995, LRA 2: 4-10 FOA, LRA 3: 11-63 Bargain, LRA 6: 95-111 Unions, Objective - correctness, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 0 |

Simunye Workers Forum v Registrar of Labour Relations What are requirements for registration given changing nature of work and a ‘modern’ genuine independent trade union? “[39] In summary: the appellant has a...

Compelling registration decision: Deplorable unethical conduct

by GilesFiles | May 30, 2023 | 2020 onwards, Applications, Causes and defences, Central, Costs, Courts, Declaratory, GN Moshoana, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 6: 95-111 Unions, Orders, Parties, Refused, Resolving disputes (LRL 3), Sectors, Selected judges, State organs, Statutory, Topics, Trade unions | 0 |

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Re-employment or reinstatement: Clear distinction

by GilesFiles | Apr 20, 2023 | 2020 onwards, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Disallowed, Government, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Rules Codes & Manual, SCA judges, Sectors, Settlement agreements, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, 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,...

Locking out strikers: ConCourt and mootness

by GilesFiles | Feb 2, 2023 | 2020 onwards, 2020 onwards, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, Lockout/exclusion, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, Topics, Trade unions | 0 |

Numsa v Trenstar (Pty) Ltd Today Constitutional Court will listen to argument about locking out strikers even though it is arguable that the matter is moot, but there are conflicting decisions concerning the issue and how will...

Urgent interdict requirements: ANC forcing resignation

by GilesFiles | Dec 14, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Legal Practice, Orders, Parties, Personal services, Refused, Rules Codes & Manual, Sectors, Suspensions, Topics, Trade unions, Uniform HC | 0 |

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Administration of trade union: Resolving disputes

by GilesFiles | Dec 7, 2022 | 2020 onwards, Applications, Causes and defences, Conduct & capability, Contempt, Costs, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 6: 95-111 Unions, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Organisations (LRL 4), Parties, Personal services, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, 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,...

Precautionary suspensions void: Union office bearers

by GilesFiles | Nov 15, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Logistics, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, Suspensions, Topics, Trade unions, Transport & communication, Urgency | 0 |

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Private arbitration award: Service level agreement

by GilesFiles | Sep 22, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private arbitration, Private enterprises, Review tests, Sectors, Statutory, Topics, Trade unions | 0 |

Samwu v Imbeu Development and Project Management (Pty) Ltd When does a private arbitration award stray outside the ambit of what the arbitration agreement authorised in the arbitration? “61. In summary, in my view, the...

Category: Trade unions