Category: Trade unions

Unlawful intentional interference: Contractual relationships

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...

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Precautionary suspensions examined: Complying with constitution

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Defamation claim allowed: Substantial damages awarded

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....

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Genuine trade union: Registration ordered

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...

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Compelling registration decision: Deplorable unethical conduct

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Re-employment or reinstatement: Clear distinction

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Locking out strikers: ConCourt and mootness

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...

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Urgent interdict requirements: ANC forcing resignation

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Administration of trade union: Resolving disputes

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Precautionary suspensions void: Union office bearers

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Private arbitration award: Service level agreement

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...

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Interdicting internal hearing: Refused + punitive costs

Pawusa obo N v CCMA Why do employers persist in believing that formal hearings are legally required and reasons for refusing applications re interdicting an internal hearing? “[10] There are a number of other reasons why...

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