Mining Archives | GilesFiles

Applying discipline inconsistently: Dismissal not unfair

by GilesFiles | Nov 8, 2018 | 2018, Appointed LAC judges, Courts, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Part C: s133-150 CCMA dispute resolution, Mining, Misconduct - general, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Valid reason & fair reason | 0 |

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Land redistribution considered: Competing rights

by GilesFiles | Oct 25, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legislation, Mining, Sectors, Topics | 0 |

Maledu v Itereleng Bakgatla Mineral Resources (Pty) Ltd Land redistribution considered including the clash between rights of occupiers of land and entities having the right to mine platinum on that land. “Their rights are...

Collective agreement extended: Complies with LRA s197(6)

by GilesFiles | Oct 19, 2018 | 2018, Appointed LC judges, Cause of action, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 8a: s185-197B Dismissals, Mining, Parties, Sectors, Statutes (LRL 2) - work law, 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,...

Business rescue jurisdiction: Labour court uplifting moratorium?

by GilesFiles | Oct 5, 2018 | 2018, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, LRA Part D: s151-166 Labour court, Mining, 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,...

Practice directives applied: Late filing of record

by GilesFiles | Oct 4, 2018 | 2018, Acting LC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Part C: s133-150 CCMA dispute resolution, Mining, Practice codes and directives, Practice Manuals, Sectors, Statutes (LRL 2) - work law, 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,...

Procedural fairness excluded: Mass dismissal dispute

by GilesFiles | Sep 20, 2018 | 2018, Appointed LC judges, Cause of action, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Mining, Operational requirements, Sectors, Statutes (LRL 2) - work law, 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,...

Failure to suspend: Evidence of breach of trust?

by GilesFiles | Sep 14, 2018 | 2018, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, MHSA 1996, Mining, Misconduct - general, Sectors, Sidumo test - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Valid reason & fair reason | 0 |

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Indefinite duration contracts: No proof of limited duration

by GilesFiles | Jul 10, 2018 | 2018, Acting LAC judges, Appeals, Courts, Dismissal defined, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour brokers or TES, Labour Relations, Labour Relations Act 1995, LAC judges, Mining, Parties, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Good faith bargaining: Managerial prerogative and voluntarism

by GilesFiles | Jul 2, 2018 | 2018, 77(3) & 77A(e), André van Niekerk, Appointed LC judges, BCEA 1997, Cause of action, Collective Bargaining (LRL 5), Common Law, Courts, Dispute Resolution (LRL 3), Evidence and onus, Interdicts and rule nisi, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour court rules, Labour Relations, Labour Relations Act 1995, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Part D: s151-166 Labour court, Mining, Parties, Sectors, Statutes (LRL 2) - work law, 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,...

Peace clause contravened: Strike accordingly unprotected

by GilesFiles | Jun 29, 2018 | 2018, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 4: s64-77 Strikes & lockouts, Mining, Parties, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Numsa participation declined: Collective consensus-seeking

by GilesFiles | Jun 28, 2018 | 2018, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Mining, Operational requirements, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Review threshold considered: Applied for gross misconduct

by GilesFiles | Jun 26, 2018 | 2018, André van Niekerk, Appointed LC judges, Courts, Dispute Resolution (LRL 3), holistic evaluation of evidence, Judges, Labour Court, Labour Court judges, Labour Relations, Mining, Misconduct - gross, Sectors, Sidumo test - reasonableness, 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,...

Category: Mining