Hospitality Archives

Exercising discretion considered: Converting award into order

by GilesFiles | Jan 30, 2025 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Condonation, Costs, Courts, Declaratory, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC-Practice Manual, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Incarceration or fining contempt: Disclosure ruling compliance?

by GilesFiles | Jan 9, 2025 | 2020 onwards, AH1a - CCMA rules current, AH2a - LC rules current, Applications, Causes and defences, CCMA Rules-new, CCMA Rules-old, Contempt, Costs, Courts, Declaratory, ex parte, granted, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rule nisi, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Inherent job requirements: Freedom of religion?

by GilesFiles | Oct 21, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, Hospitality, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Unilateral employment changes: Retrospective reinstatement

by GilesFiles | Jul 12, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (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,...

Security for costs discussed: Court may vary amount

by GilesFiles | May 31, 2024 | 2020 onwards, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, LRA D: 151-166 LC, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Common law development: Good faith negotiations?

by GilesFiles | Mar 28, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Disallowed, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, Review tests, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

Collective bargaining process: Undermining considered

by GilesFiles | Nov 23, 2023 | 2020 onwards, Applications, Causes and defences, Collective Bargain (LRL 5), Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Hospitality, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Orders, Parties, Performance, Policies - all, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Stated case, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Changes in organisational structure: Differentiation not discrimination

by GilesFiles | Sep 12, 2023 | AB - Law generally, AF - Internal equity external parity, Applications, Causes and defences, CCMA awards, CCMA members, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Hospitality, Insights, Interpretation etc, Job evaluation and grading, Judges, Labour Relations, Legal Practice, Legislation, Management, Orders, Parties, Pay differentials, Pay progression, Personal services, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

NP v Ezemvelo KZN Wildlife Do changes in organisational structure present management with opportunity to ensure compliance with equal pay for work of equal value? “[14] Applicant is bound by the characterisation of the...

Protectable interests confirmed: Restraint and unfair competition

by GilesFiles | Sep 1, 2023 | 2020 onwards, AB - Law generally, Applications, Balancing interests, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Granted, High Court, High Court judges, Hospitality, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Restraints, Risks, Sectors, Topics, Urgency | 0 |

Micros SA (Pty) Ltd v AK What role does unlawful competition play when protectable interests are confirmed and former employee is restrained? “[32]. As regards unlawful competition, it is as submitted by Mr Franklin, that...

Serious unbecoming conduct: Trust relationship destroyed

by GilesFiles | Aug 21, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Courts, Declaratory, Gross misconduct, Hospitality, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Orders, Parties, Poor performance, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Valid and fair reason: Related to conduct

by GilesFiles | May 23, 2023 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Consistency element, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, False assumptions, GN Moshoana, Hospitality, Insights, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Misconduct & incapacity, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Thresholds, Topics, Trade, Trust & confidence | 0 |

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Restraint provision enforced: Public policy issues

by GilesFiles | May 10, 2023 | 2020 onwards, Applications, Causes and defences, Consistency element, Contractual breach, Costs, Courts, Declaratory, H Rabkin-Naicker, Hospitality, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, 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,...

Category: Hospitality