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

Court contempt considered: Onus not discharged

by GilesFiles | Jan 21, 2021 | 2020 +, appeal, Appeals, Applications, Contempt of court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Onus of proof, Orders, Parties, SCA judges, Sectors, Specific performance, Supreme Court of Appeal, 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...

Interim reinstatement refused: Temporary employment?

by GilesFiles | Jan 7, 2021 | 2020 +, Applications, Appointed LC judges, Courts, 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: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Personal services, punitive costs, Refused, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Struck off, Topics | 0 |

Court contempt considered: Onus not discharged

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)

Labour market features: Balancing conflicting interests

Lockout lawful protected: Pilots and business rescue

by GilesFiles | Dec 29, 2020 | 2020 +, Airline pilots, André van Niekerk, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Power plays (LRL 6), Refused, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions, Transport & communication, Urgency | 0 |

Workplace forums: Strike ballots and picketing

by GilesFiles | Sep 2, 2015 | Picketing, Power plays (LRL 6), Reforms required, 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 | 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 |

Concurrent jurisdiction considered: Unlawful employment termination?

by GilesFiles | Dec 4, 2020 | 2020 +, 2020 +, appeal, Appeals, Basic Conditions (LRL 10), Cause: contractual breach, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Landmark judgments, Lawfulness, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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

Medical benefits capped: legitimate commercial rationale

by GilesFiles | Nov 24, 2020 | 2020 +, Acting LAC judges, Appeals, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Benefits - 186(2)(a), Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade | 0 |

Concurrent jurisdiction considered: Unlawful employment termination?

Mental health illness: Depression and discrimination

by GilesFiles | Jul 21, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Automatically unfair - s187, Capability or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Duty to begin, Evidence and onus, Evidentiary burden, Granted, Ill health and illness, Insubordination, John Murphy, 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, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 0 |

Date dispute arises: Ongoing cause of action

by GilesFiles | Nov 24, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Applications, Cause: general, Common Law, Condonation, Courts, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, Granted, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, prescription, Private enterprises, 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,

Just and equitable: Meaning in different contexts

by GilesFiles | Jan 8, 2021 | 2020 +, Applications, Associations, 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 |

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court pointed out that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

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 |
Irrevocable power of attorney: Securing a debt

by GilesFiles | Oct 19, 2020 | 2020 +, appeal, Appeals, Cause: contractual breach, Common Law, Community housing schemes, Courts, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Orders, Parties, Personal services, Roman Dutch law principles, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |
Actio communi dividundo: Co-ownership of property

by GilesFiles | Oct 1, 2020 | 2020 +, appeal, Appeals, Body corporates, Cause: general, Common Law, Community housing schemes, Courts, Declaratory, Granted, Homeowners associations, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Parties, Pension & retirement funds, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Thought Leaders, Topics, Trustees | 0 |
Valuing golf courses: Various methods discussed

by GilesFiles | Sep 25, 2020 | 2020 +, appeal, Appeals, Associations, Cause: regulations, Cause: statute, Common Law, Common law review, Community housing schemes, Courts, Granted, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

Court contempt considered: Onus not discharged

Jan 21, 2021 | 2020 +, appeal, Appeals, Applications, Contempt of court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Onus of proof, Orders, Parties, SCA judges, Sectors, Specific performance, Supreme Court of Appeal, Topics | 0 |

Unprofessional conduct considered: Council practice watchdog

Jan 15, 2021 | 2020 +, appeal, Appeals, Associations, Common law review, Courts, Granted, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |
Confidentiality claim considered: Discovery and fairness

Jan 14, 2021 | 2020 +, Applications, Courts, Evidence and onus, Government, High Court, High Court judges, Judges, Legal Practice, Municipal, Organs of state, Parties, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |
Restraints unintended consequences: Enforceable and lawful?

Jan 12, 2021 | 2020 +, Applications, Bill of Rights, Cause: contractual breach, Common Law, Competition, Courts, Declaratory, Granted, High Court, High Court judges, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Logistics, Orders, Parties, Private enterprises, Protectable business interests, Public policy, Restraints and restrictions, Sectors, Special pleas, Topics, Transport & communication, Urgency | 0 |
Just and equitable: Meaning in different contexts

Jan 8, 2021 | 2020 +, Applications, Associations, 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 |

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 |

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

Category: Topics

Labour Relations

Judgments categorised by Chapters of the Labour Relations Law Textbook

Judgments on community housing schemes

Community housing schemes,

Other Topics