GilesFiles Insights

Travel allowance policy: Reimbursement but not benefit

by GilesFiles | Jul 29, 2022 | 2020 +, André van Niekerk, Appointed LC judges, Benefits - 186(2)(a), Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Government, Insights, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA 186(2)(a), LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Management, Municipal, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Practices see Policies, Review tests, Sectors, Statutes (LRL 2) - work law, Statutory, Topics

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, email us and we’ll arrange to give you...

Reasonable instruction disobeyed: Dismissal valid and fair

by GilesFiles | Jul 26, 2022 | 2020 +, Applications, Appointed LC judges, Awards -s145, Causes of action, Clear and convincing, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Gross misconduct, Insights, 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, Management, Manufacturing, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Risks, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason, Without forfeiting rights

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, email us and we’ll arrange to give you...

Inherent job requirements: Pay differential rational and fair

by GilesFiles | Jul 6, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Clear and convincing, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 differentials s27, EEA9 Levels s21, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Inherent requirements, Insights, Interpretation and application, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Management, Mining, MPN Nkutha-Nkontwana, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Proportional pay differentials, re-grading, Remuneration, Sectors, Statement of claim, Statutes (LRL 2) - work law, Statutory, Topics, Value exchange

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, email us and we’ll arrange to give you...

Appropriate risk management: Gross misconduct proved

by GilesFiles | Jul 5, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Causes of action, Courts, Disallowed, Dismissal generally, Dispute Resolution (LRL 3), Government, Gross misconduct, Insights, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason

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, email us and we’ll arrange to give you...

Status demotion examined: Only compensation awarded

by GilesFiles | Jun 22, 2022 | 2020 +, 7 levels, Acting LC judges, Awards -s145, Banks, Causes of action, Compensation, Courts, Demotion - 186(2)(a), Dispute Resolution (LRL 3), EEA4 differentials s27, EEA9 Levels s21, Employment equity, Evidence and onus, Exceptions/special pleas, Finance, Insights, 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, Parties, performance based, Promotion / demotion - 186(2)(a), re-grading, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, supervening impossibility, Topics, Value exchange

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, email us and we’ll arrange to give you...

Unbecoming student conduct: Breach of necessary standards

by GilesFiles | May 18, 2022 | Insights

Stellenbosch University dealt with the recent unsavoury incident very quickly and properly by condemning the unbecoming conduct of the student and ensuring his immediate suspension from the residence and the university pending the outcome of a full investigation. If...

Meeting reasonable standards: Performance sales targets

by GilesFiles | May 17, 2022 | 2020 +, Appointed LC judges, Awards -s145, Capacity, Causes of action, Clear and convincing, Contractual breach, Courts, Dispute Resolution (LRL 3), Evidence and onus, Insights, Interpretation and application, Judges, 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, Management, Not awarded, Orders, Orders re costs, Parties, performance based, Performance related, Private enterprises, Review tests, RGO Lagrange, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Trade, Valid reason and fair reason

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, email us and we’ll arrange to give you...

Judgments Labour Courts: Analysis 2018 to date

by GilesFiles | May 14, 2022 | Checklists, Insights, Labour Appeal Court, Labour Court

Analysis of all available judgments of Labour Appeal Court and Labour Court for last 5 years [as at 14 May 2022] Years Total GilesFiles BLLR & ILJ BLLR ILJ JOL Labour Appeal Court 2022 18 17 2 10 4 6 2021 50 49 33 36 44 26 2020 83 81 40 47 68 33 2019 53 53 37 41...

Selection criteria considered: Inclusion of transformation

by GilesFiles | May 6, 2022 | 2020 +, Affirmative action, appeal, Appeals, ConCourt judges, Constitutional Court, Courts, Declaratory, Disallowed, Dismissal generally, Dispute Resolution (LRL 3), Employment equity, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Operational process -s189A(13), Operational reasons-189A, Orders, Orders re costs, Parties, Performance related, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason

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, email us and we’ll arrange to give you...

Wrongful defamatory statements: Impugning employee dignity

by GilesFiles | Apr 13, 2022 | 2020 +, Applications, Awarded, Bill of Rights, Causes of action, Courts, Declaratory, Delict, Dignity equality freedom, Evidence and onus, Evidentiary burden, Exceptions/special pleas, False, High Court, High Court judges, Insights, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Logistics, Onus of proof, Orders, Orders re costs, Parties, Sectors, SOEs (State Owned Enterprises), Special pleas, Topics, Transport & communication

NPM v Prasa When are statements concerning employee conduct or performance made internally or externally by senior management wrongful and defamatory? "[50] The ordinary meaning of the words and the structure of the content of the media statement includes the...