GilesFiles Insights

School admission policy: Delimiting feeder zone

by GilesFiles | Oct 26, 2021 | 2020 +, A.G. Binns-Ward, Applications, Bill of Rights, Biowatch principle, Common Law, Common law review, Courts, Declaratory, Employment equity, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Legal Practice, Management, Mootness, Orders, Orders re costs, Parties, Plascon-Evans rule, Policies - strategies - tactics, Refused, Review tests, Sectors, Topics, Universities and schools

Hesewu v SGB, Sunningdale Primary School School admission policy considered by high court and it was decided that the "applicants’ challenge to the first respondent’s admissions policy was so lacking in substance that it would be unjust for the first respondent to be...

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

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...

Evaluating jobs examined: Unfair labour practice?

by GilesFiles | Oct 19, 2021 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Central, Courts, Declaratory, Dispute Resolution (LRL 3), EEA9 Levels s21, Employment equity, Equal pay & value, Government, Insights, Job evaluation, Judges, 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, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, 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...

Competitive trade considered: John Patten’s analysis

by GilesFiles | Oct 14, 2021 | Agriculture, Construction industry, Free and fair, Insights, Management, Markets in SA, Sectors, Thought Leaders

Trade may be the medium for economic growth between nations, but it is also the cause of friction – sometimes extreme friction leading to sanctions or war. There are today several examples of trade competition increasing tensions between countries. South Africa has...

Them and us: Obstructing real progress in SA

by GilesFiles | Aug 18, 2021 | Insights, Markets in SA, philosophy / economics, Reforms required

Retired journalist John Patten correctly points out in his latest 'editorial' that "The greatest challenge in these circumstances is to find ways to combine the rich and the poor in one united nation. The country needs the rich for their ability to grow new industries...

Appealing restraint order: Unacceptable grounds

by GilesFiles | Jun 10, 2021 | 2020 +, André van Niekerk, Appeals, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Competition, Courts, Dispute Resolution (LRL 3), Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Protectable business interests, Restraints and restrictions, Rules, Statutes (LRL 2) - work law, 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...

Applicable job grading: Job weight range overlap

by GilesFiles | Jun 2, 2021 | 2020 +, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), EEA 7 Factors, EEA Codes, EEA Regulations, EEA4 differentials s27, EEA9 Levels s21, Employment equity, Equal outcomes, Equal pay & value, Exceptions/special pleas, Government, Insights, Interpretation and application, Job evaluation, Judges, 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, Objective or correct, Orders, Organs of state, Parties, Pay progression, Provincial, Refused, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, 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...

Social origin differentiation: Objective assessment

by GilesFiles | May 17, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Courts, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Evidentiary burden, Finance, Granted, ILO 111 of 1958, ILO Conventions, Insights, Interpretation and application, Judges, Jurisdiction and powers, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Onus of proof, Orders, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, 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...

Wage disparity dispute: Free and fair competition?

by GilesFiles | May 14, 2021 | 2020 +, 7 levels, appeal, Appeals, Appointed LAC judges, CCMA & BC, Collective agreements, Collective Bargaining (LRL 5), Competition, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), EEA4 differentials s27, EEA9 Levels s21, Employment equity, Equal pay & value, Evidence and onus, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Management, Markets in SA, Objective or correct, Orders, Parties, Pay progression, performance based, Protectable business interests, Reforms required, Refused, Remuneration, Review tests, Rulings - s158(1)(g), Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade unions, Transport & communication, Value exchange

Golden Arrow Bus Service (Pty) Ltd v SARPBC (Trade Unions) The dispute indirectly dealt with unfair discrimination and a wage disparity of about 59% in the same occupational level but there was insufficient evidence placed before the LAC "to evaluate the merits of...

Cultural diversity considered: Policy and training?

by GilesFiles | Apr 30, 2021 | Codes see Policies, Harassment & bullying, Insights, Legislation, Management, Policies - strategies - tactics, Termination & dismissal (LRL 8), Topics

According to press reports (LegalBrief and News24) there was an incident in a Mall where Ndebele activists were required to leave a Mall for being 'inappropriately' dressed. Issues and questions: Employer's vicarious liability for the actions of Mall manager....