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

Trade union constitution: Scope and eligibility

by GilesFiles | Mar 26, 2020 | 2020, 62 Retail trade not vehicles, appeal, Appeals, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, M Victor, Orders, Organisations (LRL 4), Parties, Refused, Sectors, Statutes (LRL 2) - work law, 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.

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

Legality review granted: Decision appointing administrator

by GilesFiles | Feb 25, 2020 | 2020, 50 Construction, Applications, Appointed LC judges, Associations, Courts, Declaratory, Dispute Resolution (LRL 3), Employment Relations (LRL 1), expedited hearing, GN Moshoana, Government - central, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organisations (LRL 4), Organs of state, Parties, Review tests, Rules and practice manuals, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Topics, Urgency | 0 |

Trade union constitution: Scope and eligibility

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

Trade union constitution: Scope and eligibility

Interdicting threatened strike: Examining mutual interest

by GilesFiles | Feb 14, 2020 | 2020, 62 Retail trade not vehicles, 99 Service activities other, Applications, Appointed LC judges, Confirmed, Courts, Daphne Mahosi, Dispute Resolution (LRL 3), Interdicts and rule nisi, 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: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders re costs, Parties, Power plays (LRL 6), Refused, Rule nisi, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, Zungu doctrine | 0 |

Workplace forums: Strike ballots and picketing

by GilesFiles | Sep 2, 2015 | Picketing, Power plays (LRL 6), Words & phrases, 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 | 91 Public administration defence, Clive Thompson, Collective Bargaining (LRL 5), Dismissal: operational requirements, Dismissal: Operational requirements - s189, Labour Relations, Parties, Power plays (LRL 6), Sectors, Thought Leaders, Topics, Trade unions, Workplace Forums (LRL 7) | 0 |

Invalid employment termination: Criminal conviction reversed

by GilesFiles | Mar 20, 2020 | 2020, 91 Public administration defence, Appeals, Bill of Rights, Cause: contract, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal: operation of law, Dispute Resolution (LRL 3), Government - central, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

Maswanganyi v Minister of Defence and Military Veterans The Constitutional Court decided that an invalid employment termination had taken place because by operation of law the employee had never been ‘dismissed’...

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

Scarce skills allowance: Award set aside

by GilesFiles | Mar 4, 2020 | 2020, 91 Public administration defence, 99 Service activities other, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), Government - central, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders re costs, Organs of state, Parties, Review tests, Rulings - s158(1)(g), Sean Snyman, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 0 |

Alternative offer refused: Severance pay forfeited

by GilesFiles | Mar 4, 2020 | 2020, 99 Service activities other, Acting LAC judges, appeal, Appeals, Awards -s145, Basic Conditions (LRL 10), Courts, Dismissal: Operational requirements - s189, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

Inherent job requirements: Discrimination not proved

by GilesFiles | Mar 3, 2020 | 2020, 99 Service activities other, Applications, Appointed LC judges, Bill of Rights, Courts, Daphne Mahosi, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Government - central, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Inherent job requirements: Discrimination not proved

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 schemes, Property

Eviction fatally defective: Right to reside ended?

by GilesFiles | Mar 16, 2020 | 2020, 24 Mining metal ores, appeal, Appeals, BC Mocumie, Bill of Rights, Cause: statute, CHG van der Merwe, Common Law, Courts, Eviction/ejectment, HK Saldulker, Judges, Legal Practice, Legislation, MML Maya, Orders, Parties, Private enterprises, Property, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

Stipulatio alteri examined: Benefit conferred on HOA?

by GilesFiles | Mar 11, 2020 | 2020, 84 Real estate activities, A.G. Binns-Ward, Applications, Body corporates, Cause: contract, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Homeowners associations, Judges, Legal Practice, Legislation, Orders, Parties, Property, Sectors, Special pleas, Topics | 0 |
Conduct rules breached: Refused CSOS Act s 57 appeal

by GilesFiles | Jan 28, 2020 | 2020, Appeals, Body corporates, Cause: statute, Common Law, Common law review, Community schemes, Condonation, Courts, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Refused, Review tests, Rules and practice manuals, Sectors, Topics, Trustees, Uniform High Court | 0 |
Diverse people unite: Right of access to court v2

by GilesFiles | Dec 6, 2019 | 2019, Agriculture, Applications, Bill of Rights, Common Law, Community schemes, Courts, Declaratory, Dignity equality freedom, Exceptions/special pleas, Government - central, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Philosophy and economics, Sectors, Special pleas, Topics | 0 |
Adversely affected interpreted: Sectional titles

by GilesFiles | Nov 28, 2019 | 2019, Appeals, Body corporates, Community schemes, Courts, Judges, Legal Practice, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, VM Ponnan | 0 |

Unlawful proceeds forfeited: Constitution s25 property?

Mar 30, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, CN Jafta, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Organs of state, Parties, Sectors, set-off, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....