Basic Conditions (LRL 10) Archives

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...

Alternative offer refused: Severance pay forfeited

by GilesFiles | Mar 4, 2020 | 2020, 99 Service activities other, Acting LAC judges, appeal, Appeals, Awards -s145, Basic Conditions (LRL 10), Courts, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Orders, Parties, Private enterprises, Refused, Review tests, Sectors, Sidumo - reasonableness, 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,...

Jurisdictional issues considered: Leave pay declined

by GilesFiles | Jan 28, 2020 | 2020, 62 Retail trade not vehicles, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), BM Whitcher, Cause: delict, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Orders, Orders re costs, Parties, Private enterprises, Sectors, Special pleas, Statement of claim, 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 court jurisdiction: BCEA compliance

by GilesFiles | Nov 26, 2019 | 2019, 62 Retail trade not vehicles, Applications, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), 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, 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, 91 Public administration defence, Acting LAC judges, Appeals, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Common Law, Courts, Dismissal generally, 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 or correct, Operation of law, Organs of state, Parties, Retirement age, 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,...

Enforcing contractual rights: Lawfulness and fairness

by GilesFiles | Nov 25, 2019 | 2019, 92 Education, Acting LAC judges, Appeals, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Cause: general, Common Law, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, F Kathree-Setiloane, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Lawfulness, 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 & dismissal (LRL 8), Topics, Universities and schools | 0 |

Archer v Pinelands High School Enforcing contractual rights is distinct from a cause of action based on the statutory right ‘not to be unfairly dismissed’ which means that former employees may pursue two claims...

Salary deductions considered: Jurisdiction lacking

by GilesFiles | Nov 7, 2019 | 2019, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: statute, Common Law, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Government - municipal, Government: Municipal, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), 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,...

Security clearance denied: Termination of employment

by GilesFiles | Oct 15, 2019 | 2019, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Capability or capacity, common assumption false, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Financial services, Government - provincial, Impossibility of performance, impossible or illegal, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operation of law, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency, Valid reason and fair reason | 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, BCEA 77(3) and 77A(e), Cause: contractual breach, Cause: general, 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, 23 Mining gold & uranium, Applications, Appointed LAC judges, B Waglay, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, 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, Employment Relations (LRL 1), Financial services, Insights, Labour Relations, Labour Relations Act 1995, Logistics, philosophy / economics, Proof required, Protection of Personal Information, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, 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,...

Category: Basic Conditions (LRL 10)