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

Reinstatement order upheld: Exceptional circumstances?

by GilesFiles | Jul 23, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Invalid or unfair reason, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Refused, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics, Trust and confidence | 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...

Reinstatement order upheld: Exceptional circumstances?

Unlawful agreement concluded: Invalid and not binding

by GilesFiles | Dec 15, 2020 | 2020 +, 2020 +, Applications, Appointed LAC judges, Bargaining councils, Bill of Rights, Cause: Bill of Rights, Cause: statute, Central, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organisations (LRL 4), Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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

Agency shop agreement: Requirements for validity

by GilesFiles | Jun 29, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Collective agreements, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Objective or correct, Orders, Parties, Private enterprises, Refused, Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Abusing court processes: Application struck off

by GilesFiles | Jun 30, 2021 | 2020 +, Airline pilots, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 7, LC Rule 8, Legal Practice, lis alibi pendens, Lockout/lock-out, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Power plays (LRL 6), Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Struck off, Topics, Transport & communication | 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 |

Reinstatement order upheld: Exceptional circumstances?

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

Shortlisting employment applicants: Unfair labour practice

by GilesFiles | Jun 30, 2021 | 2020 +, Applications, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Judges, Jurisdiction and powers, 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, Organs of state, Parties, Promotion / demotion - 186(2)(a), Provincial, 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, LC Rules, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Protectable business interests, Restraints and restrictions, Rules and practice manuals, 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 |

Harassment claim rejected: Evidential onus considered

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,

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 |

Appealing adjudicator order: Management rules interpreted

by GilesFiles | Jun 1, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: general, Cause: regulations, Common Law, Community housing schemes, Courts, Declaratory, Granted, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Orders, Parties, Sectors, Topics | 0 |
Conduct rule disputed: Bypassing Ombud?

by GilesFiles | Jun 1, 2021 | 2020 +, Applications, Attorney client scale, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Sectors, Special pleas, Topics, Urgency | 0 |
Just and equitable: Meaning in different contexts

by GilesFiles | Jan 8, 2021 | 2020 +, Applications, Associations & corporate bodies, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Judges, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Plascon-Evans rule, Sectors, Topics | 0 |
Without prejudice rule: Striking out irregular step

by GilesFiles | Oct 26, 2020 | 2020 +, Applications, Body corporates, Common Law, Community housing schemes, Courts, Declaratory, High Court, High Court judges, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Hate speech constitutionality: Final decision delivered

Jul 30, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Exceptions/special pleas, Judges, Legal Practice, Orders, Topics | 0 |

Qwelane v SA Human Rights Commission Constitutional Court in considering the constitutionality of hate speech unanimously decided to set aside the order of the SCA and inter alia declared that section 10(1) of the Equality Act...

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 and practice manuals, 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 and practice manuals, 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