Mining Archives | GilesFiles

Most reasonable inference: Arbiter misconceiving issue

by GilesFiles | May 17, 2018 | 2018, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, Legal Practice, LRA 1995, Mining, Sectors, Sidumo test - reasonableness, Statutes (LRL 2), Termination (LRL 8), Topics, Valid reason & 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,...

Unacceptable racist language: ConCourt decides issues

by GilesFiles | May 17, 2018 | 2018, 2018, Bill of Rights, Constitutional Court, Courts, Dignity equality freedom, Discrimination (LRL 11), Judges, Labour Relations, Landmark judgments, Leona Theron, Mining, Personal freedom, Sectors, Termination (LRL 8), Topics, Valid reason & fair reason | 0 |

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Saewa obo Bester This judgment of the Constitutional Court concerning unacceptable racist language is significant because it explains what comments are regarded as racist or not and...

Unlawful administrative action: Not applicable in private sector

by GilesFiles | Apr 19, 2018 | 2018, Appeals, Common Law, Courts, Dispute Resolution (LRL 3), Interpretation, Labour Court, Labour Relations, Legal Practice, Mining, Sectors, 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,...

Overly technical approach: Evidence of valid and fair dismissal

by GilesFiles | Apr 11, 2018 | 2018, Dispute Resolution (LRL 3), Labour Court, Labour Relations, Legal Practice, Mining, Protection not punishment, Sectors, Termination (LRL 8), Topics, Valid reason & 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,...

Mining Charter status: Conditional legal significance

by GilesFiles | Apr 4, 2018 | 2018, Application, Common Law, Courts, High Court, Interpretation, Interpretation Act 1957, Legislation, Mining, Sectors, 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,...

Helping hand notion: Questioned by the Labour Court

by GilesFiles | Feb 23, 2018 | 2018, Dispute Resolution (LRL 3), Labour Court, Labour Relations, Mining, Review tests, Sectors, Termination (LRL 8), Valid reason & fair reason | 0 |

Suggested that if the helping hand notion has been accepted it ought to be jettisoned and it matters not if a commissioner fails to raise a helping hand and yet arrives at a reasonable conclusion. Witbooi v CCMA (Kumba)...

Historical wage disparities: Alleged discrimination

by GilesFiles | Dec 5, 2017 | 2017, Cause of action, Discrimination (LRL 11), Dispute Resolution (LRL 3), Employment Equity (LRL 12), Employment Equity Act, 1998, Equal pay equal value, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, Mining, Sectors | 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,...

Rehearing order: Labour court’s order reasonable

by GilesFiles | Nov 28, 2017 | 2017, Courts, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Mining, Remedies, Sectors, 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,...

Racial remarks: Punish employee or protect business?

by GilesFiles | Nov 9, 2017 | 2017, Bill of Rights, Constitutional Court, Dignity equality freedom, Labour Relations, Mining, Protection not punishment, Public policy, Sectors, Termination (LRL 8), Valid reason & 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,...

Protecting pregnant employees: Unpaid extended maternity leave

by GilesFiles | Nov 7, 2017 | 2017, Basic Conditions (LRL 10), Bill of Rights, Dignity equality freedom, Discrimination (LRL 11), Edwin Tlhotlhalemaje, Employment Equity (LRL 12), Employment Equity Act, 1998, Labour Court, Labour Relations, Legislation, Mining, Sectors | 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,...

Unprotected strikers: Undertaking and dismissal unfair

by GilesFiles | Nov 1, 2017 | 2017, Dispute Resolution (LRL 3), Labour Court, Labour Relations, Labour Relations Act, 1995, Legislation, Mining, Power plays (LRL 6), Protection not punishment, Remedies, Sectors, Termination (LRL 8), Unprotected strike | 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,...

Post-dismissal behaviour: Irrelevance regarding reinstatement

by GilesFiles | Nov 1, 2017 | 2017, Dispute Resolution (LRL 3), Labour Appeal Court, Labour Relations Act, 1995, Legislation, Mining, Remedies, Sectors | 2 |

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: Mining