Category: Topics

We currently focus on all aspects of the topic of labour relations law or the world of work. This is sometimes referred to as labour law, employment law, industrial relations law or work law.

Labour Relations

Questioning union’s genuineness: Registration approved

by GilesFiles | Nov 29, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Common law, Costs, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 6: 95-111 Unions, LRA 9: 198-213 General, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Judgments categorised by Chapters of the Labour Relations Law Textbook

The number in brackets refers to the chapters in the textbook Labour Relations Law: A Comprehensive Guide and in effect annotates and updates those chapters. This enables you to work from the textbook and source the latest case law concerning the relevant chapters.

ERelations (LRL 1)
Statutes (LRL 2)-work
Resolving disputes (LRL 3)
Organisations (LRL 4)

Labour law developments: South Africa since 1981

by GilesFiles | Jan 10, 2024 | AA - Resources generally, ABB - Fairness principle or concept, AH - Labour Legislation, AJ - General, André van Niekerk, ERelations (LRL 1), ILO Convention 158/1982, ILO Conventions, Insights, Organisations (LRL 4), Reforms required, Termination (LRL 8), Thought Leaders, Trust & confidence, Work Science Institute | 3 |

Execution order granted: Pending appeal outcome

by GilesFiles | Jan 4, 2023 | 2020 onwards, Applications, BM Whitcher, Costs, Courts, Declaratory, ERelations (LRL 1), ex parte, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 6: 95-111 Unions, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |
Agency shop deductions: Bind minority union members

by GilesFiles | May 9, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BM Whitcher, Causes and defences, Costs, Courts, ERelations (LRL 1), Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 6: 95-111 Unions, LRA 7: 112-184 Dispute, Manufacturing, Orders, Organisations (LRL 4), Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 0 |
Provoked assault considered: Fair reason to dismiss

by GilesFiles | Jun 24, 2021 | 2020 onwards, Applications, Bill of Rights, Central, Consumer protection, Costs, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employ Equity (LRL 12), ERelations (LRL 1), Evidence & onus, Free and fair, Government, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Markets in SA, Orders, Parties, Personal services, Refused, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics, Uniform HC, Work Science Institute | 0 |
Labour market features: Balancing conflicting interests

by GilesFiles | Dec 30, 2020 | AA - Resources generally, Collective Bargain (LRL 5), ERelations (LRL 1), Free and fair, Insights, Labour Relations, Markets in SA, Micro enterprises, philosophy / economics, Reforms required, Thought Leaders, Topics | 0 |

Questioning union’s genuineness: Registration approved

Working Sundays considered: Disproportionate pay differentials?

by GilesFiles | Nov 12, 2024 | 2020 onwards, ABB - Fairness principle or concept, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Management, Objective - correctness, Orders, Organisations (LRL 4), Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Statutory, Topics, Trade, Work Science Institute | 0 |

Expanded constitutional scope: No actual change (dissent)

by GilesFiles | Sep 23, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Demarcations, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |
Protected: BCEA s74(2) changes: fair reason & fault (updated)

by GilesFiles | Jul 15, 2024 | AB - Law generally, Anton Steenkamp, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, Insights, Labour Relations, Organisations (LRL 4), Resolving disputes (LRL 3), Severance pay, Statutes (LRL 2)-work, Topics | 0 |
Trade union status: Constitution precluded membership

by GilesFiles | Jun 21, 2024 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 9: 198-213 General, Orders, Organisations (LRL 4), Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |
Expanded constitutional scope: No actual change

by GilesFiles | May 2, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Demarcations, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Collective Bargain (LRL 5)
Power plays (LRL 6)
WP Forums (LRL 7)
Termination (LRL 8)

Questioning union’s genuineness: Registration approved

Lawful lockout confirmed: Changing terms & conditions

by GilesFiles | Nov 27, 2024 | 2020 onwards, AM - Labour Appeal Court, Appeals, Appeals - leave, Causes and defences, Collective Bargain (LRL 5), Courts, Declaratory, Disallowed, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 8b: 185-186(2) Practices, Management, Markets in SA, Operational reasons, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Prerogative, Private enterprises, Reforms required, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, Topics, Trade | 0 |

Workplace forums considered: Strike ballots and picketing

by GilesFiles | Sep 2, 2015 | Insights, LRA 1995, LRA 4: 64-77 Strikes, LRA 5: 78-94 WPs, Markets in SA, Power plays (LRL 6), Reforms required, Statutes (LRL 2)-work, Strike - protected, Thought Leaders, Topics, WP Forums (LRL 7) | 0 |

Two technical task teams are working on these issues. The parties last met about two weeks ago and talks were moving rapidly. On Tuesday Economic Development Minister Ebrahim Patel told MPs that strike ballots and picketing...

Public service sector: Avoid power-plays

by GilesFiles | Jul 11, 2011 | Collective Bargain (LRL 5), Insights, Labour Relations, Markets in SA, Parties, Power plays (LRL 6), Reforms required, Sectors, Termination (LRL 8), Thought Leaders, Topics, Trade unions, WP Forums (LRL 7) | 0 |

Reviewing private awards: Applying correct review test

by GilesFiles | Nov 28, 2024 | 2020 onwards, Causes and defences, Conduct & capability, Connie Prinsloo, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Personal services, Private arbitration, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Practices (LRL 9)
BCEA 1997 (LRL 10)
Discrimination (LRL 11)
Employ Equity (LRL 12)

Lawful lockout confirmed: Changing terms & conditions

Performance management policy: Backdating and misrepresentation

by GilesFiles | Jan 9, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Courts, Declaratory, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Performance, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |
Replacements during lockout: When strike ends?

by GilesFiles | Apr 18, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, Limits - 65, Lockout/exclusion, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, OL Rogers, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strikes - 64, Topics | 0 |
Labour practices considered: Lay-off or suspension?

by GilesFiles | Mar 17, 2023 | 2020 onwards, Causes and defences, Courts, GN Moshoana, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Manufacturing, Objective - correctness, Orders, Parties, Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suspensions, Topics | 0 |
Policy compliance examined: Recruit and appoint

by GilesFiles | Oct 25, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Government, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Metro, Objective - correctness, Orders, P Coppin, Parties, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Accrued leave pay: Claim allowed s 73A BCEA

by GilesFiles | Nov 19, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Working Sundays considered: Disproportionate pay differentials?

TASK job evaluation: Competing evaluations?

by GilesFiles | Nov 15, 2024 | 2020 onwards, ABB - Fairness principle or concept, AF - Internal equity external parity, Allowed, AM - Labour Appeal Court, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, District, EEA 1998, EEA 7 Factors, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Management, Markets in SA, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Work Science Institute | 0 |

Judgments on community housing schemes

Given the importance of land, housing and sectional titles the scope of GilesFiles has been extended to cover this rapidly developing topic. Not all those cases are reported in the usual law reports and this means you will be able to search for them and access them.