Basic Conditions (LRL 10) Archives

Labour court jurisdiction: BCEA compliance

by GilesFiles | Nov 26, 2019 | 2019, Applications, Basic Conditions (LRL 10), BCEA 1997, CN Jafta, ConCourt judges, Constitutional Court, Courts, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Parties, Retailing, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 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 dispute: Revised employment contract

by GilesFiles | Nov 25, 2019 | 2019, Acting LAC judges, Appeals, Basic Conditions (LRL 10), BCEA 1997, Bill of Rights, Common Law, Courts, Dismissal: general, Dismissal: operation of law, Dispute Resolution (LRL 3), F Kathree-Setiloane, Judges, Jurisdiction and powers, 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, Objective, Organs of state, Parties, Public Service, Retirement age, Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

Enforcing contractual rights: Lawfulness and fairness

by GilesFiles | Nov 25, 2019 | 2019, Acting LAC judges, Appeals, Basic Conditions (LRL 10), BCEA 1997, Common Law, Courts, Dismissal: lawfulness, Dispute Resolution (LRL 3), Education, Exceptions/special pleas, F Kathree-Setiloane, 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, LRA Chpt: 8a: s185-197B Dismissals, Parties, Res judicata, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Universities and schools | 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,...

Security clearance denied: Termination of employment

by GilesFiles | Oct 15, 2019 | 2019, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, Common Law, Courts, Dismissal: lawfulness, Dismissal: operation of law, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Financial services, Government - provincial, 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, Parties, Sectors, Statutes (LRL 2) - work law, Termination (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,...

Employment contractual breach: Jurisdiction of high court

by GilesFiles | Sep 18, 2019 | 2019, Basic Conditions (LRL 10), BCEA 1997, Common Law, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Relations, Legal Practice, SCA judges, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics, ZLL Tshiqi | 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,...

Damages not proved: Breach of employment contract

by GilesFiles | Aug 28, 2019 | 2019, Applications, Appointed LAC judges, B Waglay, Basic Conditions (LRL 10), BCEA 1997, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Mining, Orders, 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,...

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...

Substantial damages awarded: Fixed-term salary

by GilesFiles | May 2, 2019 | 2019, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, prescription, 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,...

Labour laws promulgated: Acts which commenced recently

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

For ease of reference the labour laws promulgated recently with the dates of commencement are provided herewith. BASIC CONDITIONS OF EMPLOYMENT AMENDMENT ACT NO. 7 of 2018 [ASSENTED TO 23 NOVEMBER 2018] [DATE OF COMMENCEMENT: 1...

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 forfeiting rights, Dispute Resolution (LRL 3), Insights, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Objective, Statutes (LRL 2) - work law, Topics | 0 |

It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees...

Parental leave introduced: Effective January 1, 2020

by GilesFiles | Jan 14, 2019 | Basic Conditions (LRL 10), BCEA 1997, Insights, Labour Relations, Statutes (LRL 2) - work law, Topics | 0 |

Parental leave introduced with effect from 1 January 2019 ito the Labour Laws Amendment Act 10 of 2018 (published in GG 42062 in vol 641 on 27 November 2018: 1305) brought into effect on 12 December 2018 (vol. 642 12 December...

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, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Sectors, Statutes (LRL 2) - work law, 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,...

Category: Basic Conditions (LRL 10)