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

High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 +, appeal, Appeals, Awards -s145, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Incompatibility, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, punitive costs, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 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.

Employment Relations (LRL 1)
Statutes (LRL 2) - work law
Dispute Resolution (LRL 3)
Organisations (LRL 4)

Labour market features: Balancing conflicting interests

by GilesFiles | Dec 30, 2020 | Collective Bargaining (LRL 5), Employment Relations (LRL 1), Free and fair, Insights, Labour Relations, Markets in SA, philosophy / economics, Reforms required, Thought Leaders, Topics | 0 |

On 14 July 1994 the then Minister of Labour, Tito Mboweni, delivered a speech to the Labour Law Conference in Durban entitled “The New Labour Market: Prospects for Accommodation and Conflict” and explained the...

High intolerability threshold: Reinstatement primary remedy

Registering employer organisations: Must be genuine

by GilesFiles | Sep 20, 2021 | 2020 +, appeal, Appeals, Appointed LC judges, Associations & corporate bodies, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organisations (LRL 4), Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Collective Bargaining (LRL 5)
Power plays (LRL 6)
Workplace Forums (LRL 7)
Termination & dismissal (LRL 8)

Security arrangements considered: Stay discretion exercised

by GilesFiles | Oct 15, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Rules, Sectors, Security for award - s145, Statutes (LRL 2) - work law, staying proceedings and execution, Topics, Trade unions, Urgency | 0 |

Advisory award compulsory: LC issued directive

by GilesFiles | Sep 8, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Power plays (LRL 6), Rules, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, Urgency | 0 |

Workplace forums considered: Strike ballots and picketing

by GilesFiles | Sep 2, 2015 | Insights, Labour Relations Act 1995, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 5: s78-94 Workplace Forums, Markets in SA, Picketing, Power plays (LRL 6), Reforms required, Statutes (LRL 2) - work law, Strike - protected, Thought Leaders, Topics, Workplace 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 Bargaining (LRL 5), Insights, Labour Relations, Markets in SA, Operational requirements-s189, Parties, Power plays (LRL 6), Reforms required, Sectors, Termination & dismissal (LRL 8), Thought Leaders, Topics, Trade unions, Workplace Forums (LRL 7) | 0 |

High intolerability threshold: Reinstatement primary remedy

Labour practices (LRL 9)
Basic Conditions (LRL 10)
Discrimination (LRL 11)
Employment Equity (LRL 12)

Incorrectly translated post: Unfair demotion practice

by GilesFiles | Oct 11, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Central, Courts, Demotion - 186(2)(a), Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Onus of proof, Orders, Organs of state, Parties, Promotion / demotion - 186(2)(a), Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics | 0 |

Appealing restraint order: Unacceptable grounds

by GilesFiles | Jun 10, 2021 | 2020 +, André van Niekerk, Appeals, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Competition, Courts, Dispute Resolution (LRL 3), Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Protectable business interests, Restraints and restrictions, Rules, Statutes (LRL 2) - work law, Topics | 0 |

Harassment claim rejected: Evidential onus considered

by GilesFiles | Jun 18, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt VI ss 53-65, Employment Equity (LRL 12), erroneously sought, Evidence and onus, Evidentiary burden, Finance, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Onus of proof, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Gender discrimination rejected: EEA evidence and scope

by GilesFiles | Sep 20, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Central, Courts, Dennis Davis, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Refused, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 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.

Community housing schemes,

Levy clearance certificate: Refusal to issue?

by GilesFiles | Oct 20, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Refused, Sectors, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

Levy clearance certificate: Dissent – refusal to issue?

by GilesFiles | Sep 24, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Refused, Sectors, Topics | 0 |
Compromise erroneously concluded: Ultra vires statute

by GilesFiles | Sep 23, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: regulations, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Orders, Orders re costs, Parties, Refused, Sectors, Topics | 0 |
Levy clearance certificate: Refusal to issue?

by GilesFiles | Sep 23, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Refused, Sectors, Topics | 0 |
Adjudication statutory appeal: Claim outside jurisdiction

by GilesFiles | Jul 16, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: delict, Common Law, Community housing schemes, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Refused, Sectors, Special pleas, Topics | 0 |

Experts joint minutes: Agreeing facts and opinions

Oct 22, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: contractual breach, Cause: delict, Common Law, Courts, Evidence and onus, Expert, Government, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Orders, Organs of state, Parties, Provincial, Refused, Rules, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

Class action certified: Coupled with interim relief

Jul 21, 2021 | Applications, Common Law, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Legal Practice, Legislation, Orders, Protection of Personal Information, Rule nisi, Rules, Topics | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

Forensic investigation report: Disclosure and legal privilege

Mar 1, 2021 | 2020 +, Access to information, André van Niekerk, Appointed LC judges, Cause: general, CCMA rules, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Onus of proof, Orders, Review tests, Rules, Rulings - s158(1)(g), Statutes (LRL 2) - work law, Topics | 0 |

Privacy rights confirmed: Surveillance and interception?

Feb 4, 2021 | 2020 +, 2020 +, Access to information, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legal practitioners, Legislation, Parties, Protection of Personal Information, Topics | 0 |
Promoting information access: Partner seeking record

Feb 3, 2021 | 2020 +, Access to information, Applications, Cause: statute, Common Law, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Protection of Personal Information, Specific performance, Topics | 0 |
Self-incrimination analysed: Commission privileges explained

Jan 28, 2021 | 2020 +, Access to information, Applications, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Legal Practice, Legislation, Topics | 0 |
Alleged corruption discovery: PAIA confidential and sensitive

Jan 8, 2021 | 2020 +, Access to information, Applications, Courts, Declaratory, Evidence and onus, Evidentiary burden, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Personal services, Protection of Personal Information, Sectors, Topics, Universities and schools | 0 |

Category: Topics

Labour Relations

Judgments categorised by Chapters of the Labour Relations Law Textbook

Judgments on community housing schemes

Community housing schemes,

Other Topics