Provisos Archives - GilesFiles

Age discrimination considered: LRA s 187(2)(b): Rogers J

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Notice requirements, OL Rogers, Operation of law, Orders, Parties, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retirement, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Age-based discrimination: Section 187(2)(b) of LRA?

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Granted, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Markets in SA, Notice requirements, Operation of law, Orders, Parties, philosophy / economics, Policies - all, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retired judges, Retirement, Review tests, RMM Zondo, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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,...

Exceptional circumstances considered: Provisos explained

by GilesFiles | May 27, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Provisos, Resolving disputes (LRL 3), Rules Codes & Manual, SCA judges, Sectors, State Owned Enterprises, Statutory, Supreme Court of Appeal, Topics, VM Ponnan | 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,...

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 onwards, AB1 - Fairness principle or concept, Applications, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, MPN Nkutha-Nkontwana, Operation of law, Orders, Parties, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Roman Dutch law, Sectors, Severance pay, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

Probationary period expired: Dismissal not proved

by GilesFiles | Jun 28, 2021 | 2020 onwards, Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, GN Moshoana, Hearing procedure, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Objective - correctness, Orders, Parties, Performance, Policies - all, Practices (LRL 9), Provisos, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication | 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,...

Reconciling labour statutes: Age discrimination

by GilesFiles | May 4, 2021 | 2020 onwards, Applications, AUD, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Fixed-term, General, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Orders, Parties, Provisos, Resolving disputes (LRL 3), Retirement, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Qualifying proviso considered: Enactment not enlarged

by GilesFiles | Sep 5, 2019 | 2019, 2019, Causes and defences, Courts, Judges, Landmark judgments, Legal Practice, MJD Wallis, Provisos, SCA judges, Supreme Court of Appeal, Topics | 0 |

Innovent Rental & Asset Management Solutions (Pty) Ltd v Transnet SOC Ltd Qualifying proviso considered and SCA confirmed that a proviso must not be treated as an independent enacting clause.’The fallacy in counsel’s...

Retirement age policy: Forced dismissal discriminatory

by GilesFiles | Apr 20, 2018 | 2018, AUD, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Discrimination (LRL 11), Employ Equity (LRL 12), H Rabkin-Naicker, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Policies - all, Provisos, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Retirement age considered: Agreed or normal?

by GilesFiles | Oct 26, 2016 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Compensation, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private enterprises, Provisos, Resolving disputes (LRL 3), Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

HEB v Finkelstein t/a Finkelstein and Associates Can employers terminate employment simply because a certain age is considered to be a retirement age even when there is no agreement nor proof of a normal retirement age?...

Age discrimination unfair: Automatic indefensible

by GilesFiles | Aug 12, 2016 | 2016, AB - Law generally, AUD, Courts, Discrimination (LRL 11), Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Management, Policies - all, Private enterprises, Provisos, Sean Snyman, Sectors, Termination (LRL 8), Topics, Trade | 0 |

Bos v Eon Consulting (Pty) Ltd (JS948/14) [2016] ZALCJHB 305 (12 August 2016) per Snyman AJ. The LC awarded over R1m as compensation, being equal to 14 months remuneration. The employer failed to prove that there was any agreed...

Age discrimination: ‘employment at will’

by GilesFiles | Aug 28, 2012 | 2014 and earlier, 2015 and earlier, AUD, Bill of Rights, Courts, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), Interpretation etc, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MJD Wallis, Provisos, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Assume an employer extends employment beyond the fixed age for retirement, subject to the condition that thereafter employment will be solely ‘at the will’ of the employer. Does that mean the employee forfeits the statutory...

Principles of interpretation: Exceptions and provisos

by GilesFiles | Jul 24, 2012 | 2014 and earlier, 2015 and earlier, AA - Resources generally, AB - Law generally, AB1 - Fairness principle or concept, AUD, Causes and defences, Courts, Evidence & onus, ILO Convention 111/1958, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MJD Wallis, Provisos, Resolving disputes (LRL 3), SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, Termination (LRL 8), Topics | 2 |

Do employers have the right to end employment based solely on age when employees reach the normal retirement age for persons employed in that capacity ? A very important recent judgment of Wallis JA in the Supreme Court of...

Category: Provisos