Category: LRA Chpt: 3: s11-63 Collective Bargaining

Locking out lawfully: Enforced beyond protected strike

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Unsuccessful damages claim: Unprotected strike action

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Unregistered union interdicted: Property rights infringed

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Collective bargaining levels: Strike unprotected and interdicted

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Demarcation award reviewed: judicial deference required

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Registration scope demarcated: Overturned award re MIBCO and MEIBC

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Grievance hearing representation: Union lacked clear right

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Collective agreement extended: Complies with LRA s197(6)

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Performance based adjustments: Mutual interest dispute

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Invalid threshold agreement: Minority union rights

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Organisational rights threshold: DCJ supporting judgment

Popcru v Sacoswu (DCS) Organisational rights threshold and Zondo DCJ adopted a slightly different approach to the merits. ‘Although the issue that this Court had to decide in Bader Bop was different from the issue that we...

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