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

Dismissing poor performers: Valid and fair reason

by GilesFiles | Jun 26, 2020 | 2020, 99 Service activities other, Appointed LC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Ill health and illness, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Parties, Performance related, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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)

Virus practice code: Mining and Covid-19

by GilesFiles | May 4, 2020 | 2020, 21 Mining of coal & lignite, 22 Extraction crude petroleum, 23 Mining gold & uranium, 24 Mining metal ores, 25 Other mining & quarrying, 29 Mining incidental services, André van Niekerk, Applications, Appointed LC judges, Bill of Rights, Biowatch principle, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Government - central, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organisations (LRL 4), PAJA 2000, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 0 |

Dismissing poor performers: Valid and fair reason

Agency fee deductions: Different purposes served

by GilesFiles | May 28, 2020 | 2020, Acting LAC judges, appeal, Appeals, Courts, Declaratory, Dispute Resolution (LRL 3), Government - municipal, Government: Municipal, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, 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)

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 |

Strike ballot requirement: Strike not unprotected

by GilesFiles | Jun 25, 2020 | 2020, 35 Manufacture of basic metals, Acting LAC judges, appeal, Appeals, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), erroneously granted, Granted, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Manufacturing, Objective or correct, Orders, Parties, Power plays (LRL 6), Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 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 | 91 Public administration defence, Collective Bargaining (LRL 5), Labour Relations, 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 |

Dismissing poor performers: Valid and fair reason

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

Providing benefits considered: CCMA lacked jurisdiction

by GilesFiles | Jun 25, 2020 | 2020, 41 Electricity gas steam, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), Judges, 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, Objective or correct, Orders, Parties, Refused, Review tests, Roland Sutherland, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

Health safety measures: Covid-19 latest directive

by GilesFiles | Apr 29, 2020 | Basic Conditions (LRL 10), Consumer protection, Covid-19 issues, Employment Relations (LRL 1), Insights, Labour Relations, Legislation, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Mainly in the interests of those who do not have direst access to the Government Gazettes this post sets out the latest Directive regarding health and safety in the workplace which also affects a small business, but not to the...

Sexual orientation discrimination: Unlawful labour practice

by GilesFiles | Jun 15, 2020 | Automatically unfair - s187, Bill of Rights, Cause: statute, Common Law, Courts, Dignity equality freedom, Discrimination (LRL 11), Labour Relations, Legislation, Termination & dismissal (LRL 8), Topics | 0 |

Bostock v. Clayton County Whilst the doctrine of ’employment at will’ ( see also ‘just because’) prevails in the USA (and in some parts of Canada) it is an unlawful labour practice in terms of the Civil...

Inherent job requirements: Firefighter incapacity

by GilesFiles | May 18, 2020 | 2020, 99 Service activities other, appeal, Appeals, Appointed LAC judges, Bill of Rights, Courts, Dennis Davis, 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 - municipal, Government: Municipal, Granted, 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, Orders, Parties, 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 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: contractual breach, 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 / 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, Legislation, Parties, SCA judges, Sectional Titles Act 1986, Sectors, Superior Courts Act 10 of 2013, Supreme Court of Appeal, Topics, VM Ponnan | 0 |

Reflective loss wrongfulness: Pure economic loss

Jul 3, 2020 | 2020, A Schippers, Appeals, Cause: delict, Cause: statute, Common Law, Courts, Exceptions/special pleas, Judges, Legal Practice, MS Navsa, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...