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

Legitimate public interest: Reviewing commissions

by GilesFiles | Aug 21, 2019 | 2019, 2019, Bill of Rights, Courts, DM Davis, Dunstan Mlambo, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legislation, Statutes (LRL 2) - work law, Topics | 0 |

Land reform considered: Special master appointed

by GilesFiles | Aug 20, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, Government - central, Judges, Landmark judgments, Legislation, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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)

Industrial action amendments: Strategy and tactics

by GilesFiles | Jul 3, 2019 | Access to information, Collective Bargaining (LRL 5), Dispute Resolution (LRL 3), Employment Relations (LRL 1), Insights, 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, Philosophy and economics, Picketing rules, Power plays (LRL 6), Statutes (LRL 2) - work law, Strike - protected, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Aussie Uber contractors: No employment relationship

by GilesFiles | Jun 10, 2019 | Basic Conditions (LRL 10), BCEA 1997, Common Law, Consumer protection, Dismissal: proof required, Employment Relations (LRL 1), Financial services, Insights, Labour Relations, Labour Relations Act 1995, Logistics, Philosophy and economics, Protection of Personal Information, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Thought Leaders, Topics, Transportation | 0 |
Bipolar contractual model: Vulnerable Uber drivers

by GilesFiles | May 26, 2019 | BCEA 1997, Common Law, Employment Relations (LRL 1), Insights, Labour Relations, Labour Relations Act 1995, Logistics, LRA Chpt: 9: s198-213 General provisions, Philosophy and economics, Sectors, Statutes (LRL 2) - work law, Topics | 0 |
Trade union deregistration: AMCU and official notification

by GilesFiles | Apr 25, 2019 | Building & Construction, Employment Relations (LRL 1), Insights, Labour Relations, Labour Relations Act 1995, LRA Chpt: 6: s95-111 Unions and Organisations, Mining, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |
Labour laws promulgated: Acts which commenced recently

by GilesFiles | Apr 10, 2019 | Basic Conditions (LRL 10), BCEA 1997, Employment Relations (LRL 1), Insights, Labour Relations, Labour Relations Act 1995, Legal Practice, Picketing rules, Power plays (LRL 6), Statutes (LRL 2) - work law, Topics | 0 |

Legitimate public interest: Reviewing commissions

Land reform considered: Special master appointed

by GilesFiles | Aug 20, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, Government - central, Judges, Landmark judgments, Legislation, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Invalid agency agreement: LRA 25(3) requirements

by GilesFiles | Jun 24, 2019 | 2019, Appointed LC judges, BM Whitcher, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Organisations (LRL 4), Parties, Philosophy and economics, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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

Varying time periods: Collective agreement upheld

by GilesFiles | Jul 10, 2019 | 2019, Appointed LAC judges, B Waglay, Bargaining councils, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Education, Government - provincial, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Industrial action amendments: Strategy and tactics

Workplace forums: Strike ballots and picketing

by GilesFiles | Sep 2, 2015 | Picketing rules, 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 | Collective Bargaining (LRL 5), Dismissal: operational requirements, Labour Relations, Parties, Power plays (LRL 6), Public Service, Sectors, Thought Leaders, Topics, Trade unions, Workplace Forums (LRL 7) | 0 |

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

Suspension lifted forthwith: Protected disclosure

by GilesFiles | Jun 28, 2019 | 2019, Acting LC judges, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), 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, S Snyman, Sectors, Statutes (LRL 2) - work law, Suspensions, Topics | 0 |

Aussie Uber contractors: No employment relationship

by GilesFiles | Jun 10, 2019 | Basic Conditions (LRL 10), BCEA 1997, Common Law, Consumer protection, Dismissal: proof required, Employment Relations (LRL 1), Financial services, Insights, Labour Relations, Labour Relations Act 1995, Logistics, Philosophy and economics, Protection of Personal Information, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Thought Leaders, Topics, Transportation | 0 |

Aussie Uber contractors: According to a recent report in Accountancy Daily an Australian court has ruled that Uber drivers should be treated as contractors for tax and employment purposes and not as employees. This is a...

Labour laws promulgated: Acts which commenced recently

by GilesFiles | Apr 10, 2019 | Basic Conditions (LRL 10), BCEA 1997, Employment Relations (LRL 1), Insights, Labour Relations, Labour Relations Act 1995, Legal Practice, Picketing rules, Power plays (LRL 6), Statutes (LRL 2) - work law, Topics | 0 |
Fairness implies validity: Look back and then forward

by GilesFiles | Jan 16, 2019 | Basic Conditions (LRL 10), BCEA 1997, Common Law, Dismissal: General, Dismissal: gross misconduct, Dismissal: invalid or unfair reason, Dismissal: operational requirements, Dismissal: without forfeiture of rights, Dispute Resolution (LRL 3), Insights, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Statutes (LRL 2) - work law, Topics | 0 |
Parental leave introduced: Effective from January 1, 2019

by GilesFiles | Jan 14, 2019 | Basic Conditions (LRL 10), BCEA 1997, Insights, Labour Relations, Statutes (LRL 2) - work law, Topics | 0 |
Interdicting pay deductions: No work no pay principle

by GilesFiles | Nov 22, 2018 | 2018, André van Niekerk, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, Common Law, Courts, Government - provincial, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Suspension lifted forthwith: Protected disclosure

Genuine pay differentials: A simple fix required

by GilesFiles | May 15, 2019 | Discrimination (LRL 11), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Insights, Labour Relations, Legal Practice, Philosophy and economics, Statutes (LRL 2) - work law, Topics | 0 |
Unscientific job evaluation: Stones and disappearing scorpions

by GilesFiles | Apr 14, 2019 | Discrimination (LRL 11), EEA Chpt III ss 12-27, Employment Equity (LRL 12), Employment Equity Act 1998, Insights, Labour Relations, Statutes (LRL 2) - work law, Thought Leaders, Topics | 2 |
Geographical location discrimination: Jurisdictional challenge

by GilesFiles | Mar 4, 2019 | 2019, Anton Steenkamp, Appointed LC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Government - municipal, Judges, Labour Court, Labour Court judges, Labour Relations, Sectors, Statutes (LRL 2) - work law, Topics | 0 |
Non-strikers bonus: Discrimination not proved

by GilesFiles | Mar 1, 2019 | 2019, Appointed LC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, GN Moshoana, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt 2: s4-10 Freedom of association, Mining, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Genuine pay differentials: A simple fix required

by GilesFiles | May 15, 2019 | Discrimination (LRL 11), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Insights, Labour Relations, Legal Practice, Philosophy and economics, Statutes (LRL 2) - work law, Topics | 0 |

Garbage in and out It is said that ‘garbage in, is garbage out’ and we are in real danger of not measuring genuine pay differentials. Employers are currently being forced to report wages paid to employees at seven...

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,

Interdicting braai nuisance: Communal housing development

by GilesFiles | May 29, 2019 | 2019, A.G. Binns-Ward, Body corporates, Common Law, Community housing, Community schemes, Courts, High Court, High Court judges, Homeowners associations, Judges, Parties, Sectors, Topics | 0 |

Red Ant Relocation and Eviction Services v CrouseInterdicting braai nuisance considered by the high court but offending structures had already been removed rendering moot that part of the relief being. “I am not persuaded...