Lockout/exclusion Archives

Substantially fair terminations: Bumping and selection criteria

by GilesFiles | May 27, 2024 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Lockout/exclusion, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Manufacturing, Operational reasons, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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,...

Replacements during lockout: When strike ends?

by GilesFiles | Apr 18, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, Limits - 65, Lockout/exclusion, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, OL Rogers, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strikes - 64, 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,...

Locking out strikers: ConCourt and mootness

by GilesFiles | Feb 2, 2023 | 2020 onwards, 2020 onwards, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, Lockout/exclusion, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, Topics, Trade unions | 0 |

Numsa v Trenstar (Pty) Ltd Today Constitutional Court will listen to argument about locking out strikers even though it is arguable that the matter is moot, but there are conflicting decisions concerning the issue and how will...

Lockout protected or not: Collective agreement

by GilesFiles | Nov 15, 2022 | 2020 onwards, Appeals, Appeals - leave, BCEA 77(3) & 77A(e), Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Disallowed, F Kathree-Setiloane, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, 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,...

LC jurisdiction lacking: Unlisted labour practices

by GilesFiles | Sep 16, 2022 | 2020 onwards, André van Niekerk, Causes and defences, Costs, Courts, Declaratory, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Lockout/exclusion, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Objective - correctness, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Unilateral employee transfer: LRA s64(4) considered

by GilesFiles | Aug 18, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Municipal, Orders, Parties, Power plays (LRL 6), Refused, Resolving disputes (LRL 3), Review tests, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Alleged lockout explained: Deductions considered

by GilesFiles | Jul 12, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Provincial, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Urgency | 0 |

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Unprotected strike action: Interdict granted

by GilesFiles | Oct 5, 2021 | 2020 onwards, Agriculture, Causes and defences, Collective Bargain (LRL 5), Contractual breach, Costs, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Limits - 65, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, Termination (LRL 8), Topics | 0 |

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Abusing court processes: Application struck off

by GilesFiles | Jun 30, 2021 | 2020 onwards, Airline pilots, Applications, Connie Prinsloo, Costs, Courts, Declaratory, Evidence & onus, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Operational reasons, Orders, Parties, Power plays (LRL 6), Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Struck off, Topics, Transport & communication | 0 |

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Replacement employees allowed: Targeted lockout

by GilesFiles | May 23, 2021 | 2020 onwards, Airline pilots, Applications, Courts, Declaratory, Edwin Tlhotlhalemaje, Evidence & onus, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Lockout/exclusion, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Refused, Resolving disputes (LRL 3), Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Transport & communication | 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,...

Lockout lawful protected: Pilots and business rescue

by GilesFiles | Dec 29, 2020 | 2020 onwards, Airline pilots, André van Niekerk, Applications, Collective Bargain (LRL 5), Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Lockout/exclusion, LRA 1995, LRA 3: 11-63 Bargain, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Refused, Resolving disputes (LRL 3), Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Suspensions, Topics, Trade unions, Transport & communication, 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,...

Replacement workers lawful: Response to suspended strike

by GilesFiles | Nov 30, 2020 | 2020 onwards, BM Whitcher, Courts, Declaratory, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Power plays (LRL 6), Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Strikes - 64, Topics, Trade unions, Transport & communication | 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: Lockout/exclusion