Provincial Archives | GilesFiles

Shortlisting employment applicants: Unfair labour practice

by GilesFiles | Jun 30, 2021 | 2020 +, Applications, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Organs of state, Parties, Promotion / demotion - 186(2)(a), Provincial, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics | 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,...

Compensating procedural unfairness: Discretionary award

by GilesFiles | Jun 17, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dismissal generally, Dispute Resolution (LRL 3), Government, Gross misconduct, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Procedural issues, Provincial, Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 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,...

Applicable job grading: Job weight range overlap

by GilesFiles | Jun 2, 2021 | 2020 +, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), EEA 7 Factors, EEA Codes, EEA Regulations, EEA4 differentials s27, EEA9 Levels s21, Employment equity, Equal outcomes, Equal pay & value, Exceptions/special pleas, Government, Insights, Interpretation and application, Job evaluation, Judges, 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, Objective or correct, Orders, Organs of state, Parties, Pay progression, Provincial, Refused, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Value exchange | 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,...

Applying parity principle: Exercise caution

by GilesFiles | May 26, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Condonation, Conduct or capacity, Courts, Dennis Davis, Dispute Resolution (LRL 3), Government, Granted, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Organs of state, Parties, Procedural issues, Provincial, Refused, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Employment learnership agreements: Skills Development Act?

by GilesFiles | Apr 14, 2021 | 2020 +, André van Niekerk, Appointed LC judges, Courts, Dismissal generally, Dispute Resolution (LRL 3), Government, Judges, 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, Objective or correct, Organs of state, Parties, Provincial, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 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,...

Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Biowatch principle, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Orders re costs, Organs of state, Parties, Provincial, Res judicata, Sectors, Topics | 0 |

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Public service transfers: Public interest considered

by GilesFiles | Mar 30, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Courts, Declaratory, deeming provision, Dennis Davis, Discharged on account, Dispute Resolution (LRL 3), Government, Granted, Judges, 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, Objective or correct, Operation of law, Orders, Orders re costs, Parties, Provincial, Reinstatement, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 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,...

Contempt application refused: Compliance with order

by GilesFiles | Mar 15, 2021 | 2020 +, Applications, Appointed LC judges, Cause: general, Common Law, Contempt of court, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, 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, Onus of proof, Orders, Parties, Provincial, Sectors, Statutes (LRL 2) - work law, Topics | 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,...

Employment related injuries: Employer and vicarious liability

by GilesFiles | Mar 4, 2021 | 2020 +, appeal, Appeals, Cause: delict, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Provincial, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Churchill v Premier of Mpumalanga SCA in resolving work related injuries confirmed that ‘there is no bright line test and the enquiry is always whether the statutory requirement that the accident arose out of the...

Psychologist grade translation: Relevant experience?

by GilesFiles | Jan 18, 2021 | 2020 +, Appointed LC judges, Awards -s145, Cause: contractual breach, Collective agreements, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), EEA4 differentials s27, EEA9 Levels s21, Employment equity, Government, Inherent requirements, Insights, 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, Objective or correct, Orders, Parties, Pay progression, Provincial, Review tests, Sectors, Statutes (LRL 2) - work law, Topics | 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,...

Harassment unacceptable conduct: Dismissal appropriate?

by GilesFiles | Oct 13, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Clear and convincing, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Gross misconduct, John Murphy, Judges, 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, Misconduct generally, Orders, Organs of state, Parties, Provincial, Refused, Review tests, Sectors, Severance forfeited, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 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,...

Dangerous nursery schools : Legal duties considered

by GilesFiles | Sep 16, 2020 | 2020 +, appeal, Appeals, Cause: delict, Cause: general, Common Law, Courts, Declaratory, Government, Granted, Judges, Legal Practice, Legislation, MJD Wallis, Non-profit organisations, Orders, Parties, Provincial, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

MEC: Western Cape Department of Social Development v Esau Dangerous nursery schools and legal liability for injuries concerning regulation 30(4) but the same legal principles and policy issues governing wrongfulness were...

Category: Provincial