Category: General

Amended CCMA Rules: Effective from January 1, 2019

Amended CCMA Rules Unfortunately it has not been possible to show the changes in this post but they can now be viewed by clicking on: Comparison of old and new CCMA Rules 2019 v1.2. Amended CCMA Rules have been published in the...

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Breaching collective agreement: Unprotected strike interdicted

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,...

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Collective settlement agreement: Extended to non-parties

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,...

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Defining majoritarianism and workplace

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,...

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Protected strike: Collective agreement not expressly extended

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,...

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Trade union rivalry in Cosatu: Unprotected strike

The LC interdicted a proposed strike by a rival trade union.  The bargaining unit comprised three outlets and a new collective agreement with registered union applied retrospectively.  The earlier judgment of Whitcher J was...

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Public service sector: Collective agreement applies

In the process of reviewing a decision in terms of s 158(1)(h) of the LRA the LC declined to set aside the decision concerning the alleged demotion or withdrawal of benefits of an employee in the public service. Applying Psa obo...

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Dispute of right or interest: Different dispute resolution mechanisms

The Labour Court disallowed the appeal and upheld the judgment of Whitcher J in the Labour Court which meant that the employees were not obliged to work in excess of the six-day week provided for in their contracts of...

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Newly appointed employees: Differentiation not discrimination

Newly appointed employees do not have the right to demand the same remuneration as longer serving employees.  See also Du Toit et al Labour Relations Law: A Comprehensive Guide 6th ed (LexisNexis, 2015) particularly at pages...

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Lawful extension of private collective agreement

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