Mining Archives | GilesFiles

Procedural fairness excluded: Mass dismissal dispute

by GilesFiles | Sep 20, 2018 | 2018, Appointed LC judges, Cause of action, Chpt: 8a: s185-197B Dismissals, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act, 1995, Mining, Operational reasons mass - s189A, Operational reasons procedure -s189A(13), 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,...

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, Operational reasons procedure -s189A(13), Parties, 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,...

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, Chpt: 3: s11-63 Collective Bargaining, Collective agreement disputes - s24, Collective Bargaining (LRL 5), Common Law, Courts, Dispute Resolution (LRL 3), Evidence and onus, Income Tax Act, Interdicts and rule nisi, Interpretation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour court rules, Labour Relations, Labour Relations Act, 1995, Legislation, Mining, Part D: s151-166 Labour court, Parties, Pension Funds Act, 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,...

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 reasons procedure -s189A(13), 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,...

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, Reviewing awards -s145, 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,...

Majoritarianism policy choice: Implied duty of fair representation

by GilesFiles | Jun 26, 2018 | 2018, Appeals, Appointed LAC judges, Collective agreements, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Extending agreements, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act, 1995, LAC judges, Mining, Operational reasons procedure -s189A(13), Parties, Personal freedom, Philosophy and economics, 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,...

Most reasonable inference: Arbiter misconceiving issue

by GilesFiles | May 17, 2018 | 2018, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Labour Relations Act, 1995, Legal Practice, Mining, Sectors, Sidumo test - reasonableness, Statutes (LRL 2) - work law, 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, L Theron, Labour Relations, Landmark judgments, 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, Courts, Dispute Resolution (LRL 3), Judges, 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, High Court judges, Interpretation, Interpretation Act 1957, Judges, 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 |

Essence 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. Decision Witbooi v CCMA...

Category: Mining