Basic Conditions (LRL 10) Archives

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

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Causes of action, Central, Contractual breach, Courts, Declaratory, deeming provision, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Provisos, Retirement age, Roman Dutch law principles, Sectors, Severance forfeited, Statement of claim, Statutes (LRL 2) - work law, Statutory, Summary - generally, Termination & dismissal (LRL 8), Topics | 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...

Determining remuneration package: NMWA and commission

by GilesFiles | Mar 15, 2022 | 2020 +, Acting LC judges, Awards -s145, Basic Conditions (LRL 10), BCEA 1997, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Finance, Interpretation and application, 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, Management, Objective or correct, Orders, Orders re costs, Parties, Policies - strategies - tactics, Private enterprises, Regulations, Remuneration, Review tests, Sectors, Statutes (LRL 2) - work law, Statutory, 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,...

Cancelling settlement agreement: Misrepresented facts

by GilesFiles | Feb 17, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 77(3) and 77A(e), Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Finance, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Not awarded, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Roman Dutch law principles, Sectors, Special pleas, Specific performance, 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,...

BCEA earnings threshold: R224,080.48 from 1 March 2022

by GilesFiles | Feb 11, 2022 | Basic Conditions (LRL 10), BCEA 1997, Insights, Labour Relations, Management, Remuneration, Statutes (LRL 2) - work law, Topics | 0 |

Further upwards adjustment of earnings threshold from March 2022. In terms of Government Gazette dated February 8, 2022 and with effect from March 1, 2022 employees whose annual ‘earnings’ equal or exceed R224,080.48 (currently...

Disputed severance pay: Reliance on weak authority

by GilesFiles | Jan 28, 2022 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Courts, Dispute Resolution (LRL 3), H Rabkin-Naicker, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private security, Sectors, Severance forfeited, Statutes (LRL 2) - work law, 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,...

Considering deemed dismissals: Must show good cause

by GilesFiles | Oct 27, 2021 | 2020 +, Appointed LC judges, Basic Conditions (LRL 10), BM Whitcher, Central, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Unenforceable rights considered: Appointments expired

by GilesFiles | Sep 21, 2021 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, General, Government, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, MPN Nkutha-Nkontwana, Municipal, Municipal managers, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Urgency | 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,...

Claiming civil damages: Dismissal to reinstatement

by GilesFiles | Jul 5, 2021 | 2020 +, Acting LC judges, Applications, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, 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,...

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), Causes of action, Competition, Contractual breach, 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, Statutes (LRL 2) - work law, 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,...

Performance incentive bonus: Remuneration or benefit?

by GilesFiles | May 31, 2021 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Constructive, Contractual breach, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, 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, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Objective or correct, Proof required, Resignation voluntary, Review tests, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Broad discretion exercised: Material compliance with policy?

by GilesFiles | May 11, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, Parties, Sectors, SOEs (State Owned Enterprises), Special pleas, Specific performance, Statutes (LRL 2) - work law, Statutory, 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,...

BCEA earnings threshold: R211,596.30 from 1 March 2021

by GilesFiles | Feb 9, 2021 | Basic Conditions (LRL 10), BCEA 1997, Insights, Labour Relations, Management, Remuneration, Statutes (LRL 2) - work law, Topics | 1 |

Upwards adjustment of earnings threshold from next month. In terms of GNR 77 in Government Gazette GG 44137 dated February 8, 2021 and with effect from March 1, 2021 employees whose annual ‘earnings’ exceed R211 596.30...

Category: Basic Conditions (LRL 10)