Collective Bargaining (LRL 5) Archives

Linking unlawful strikers: Necessary to obtain interdict

by GilesFiles | Mar 1, 2022 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Cautionary rule, Circumstantial, Clear and convincing, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Delict, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Factual disputes, Granted, Interdicts and rule nisi, Judges, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Picketing, Plascon-Evans rule, Power plays (LRL 6), Private enterprises, Refused, Review tests, Roman Dutch law principles, Sectors, Special pleas, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 0 |

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Unlawful collective agreement: Unenforceable as invalid

by GilesFiles | Feb 28, 2022 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Substituting demarcation award: LRA s62 when permissible?

by GilesFiles | Dec 10, 2021 | 2020 +, appeal, Appeals, Applications, Bargaining councils, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Demarcations, Disallowed, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, P Tlaletsi, Parties, Private enterprises, Retired judges, Review tests, Rules, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Assessing secondary strikes: Lawful and proportional

by GilesFiles | Nov 12, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Collective agreements, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Dhaya Pillay, Disallowed, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour practices (LRL 9), 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, Mining, Mootness, Orders, Orders re costs, Parties, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Strike - secondary, Topics, Trade unions | 0 |

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Breaching collective agreement: Unprotected strike action

by GilesFiles | Nov 8, 2021 | 2020 +, Applications, Appointed LC judges, Causes of action, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, MPN Nkutha-Nkontwana, Not awarded, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Strike - unprotected, Topics, Trade unions, Urgency | 0 |

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Cost to company remuneration: Alleged pay discrimination

by GilesFiles | Oct 21, 2021 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Central, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), erroneously sought, Exceptions/special pleas, Government, Insights, 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: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Management, Not awarded, Orders, Orders re costs, Organs of state, Parties, Remuneration, Review tests, Sectors, Sidumo - reasonableness, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Security arrangements considered: Stay discretion exercised

by GilesFiles | Oct 15, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Rules, Sectors, Security for award - s145, Statutes (LRL 2) - work law, staying proceedings and execution, Topics, Trade unions, Urgency | 0 |

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Unprotected strikers dismissed: Inadmissible hearsay evidence

by GilesFiles | Sep 7, 2021 | 2020 +, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Construction industry, Courts, Declaratory, Dispute Resolution (LRL 3), Electricity, 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, Misconduct generally, MPN Nkutha-Nkontwana, Orders, Orders re costs, Parties, Power plays (LRL 6), Sectors, Statement of claim, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Closed shop agreement: Verification exercise

by GilesFiles | Aug 28, 2021 | 2020 +, Applications, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Exceptions/special pleas, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, Private enterprises, Refused, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Bargaining council scope: Civil engineering industry

by GilesFiles | Jul 7, 2021 | 2020 +, André van Niekerk, Appointed LC judges, Bargaining councils, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Objective or correct, Orders, Orders re costs, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Totality | 0 |

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Agency shop agreement: Requirements for validity

by GilesFiles | Jun 29, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Collective agreements, Collective Bargaining (LRL 5), Courts, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Objective or correct, Orders, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Guarding consultation process: Collective agreement explained

by GilesFiles | Jun 4, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Central, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Operational process -s189A(13), Orders, Parties, Rules, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thought Leaders, Topics, Urgency | 0 |

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Category: Collective Bargaining (LRL 5)