GilesFiles Insights

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, 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, 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....

Project based work: No absolute right to work

by GilesFiles | Feb 11, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Construction industry, Courts, Declaratory, Dispute Resolution (LRL 3), Fixed-term contracts, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Markets in SA, Operational requirements-s189, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Proof required, Roman Dutch law principles, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned that the applicant may well have been similarly qualified and enjoyed similar experience to another...

BCEA earnings threshold: R211,596.30 from 1 March 2021

by GilesFiles | Feb 9, 2021 | Basic Conditions (LRL 10), BCEA 1997, Insights, Labour Relations, Management, Remuneration, Statutes (LRL 2) - work law, Topics

Upwards adjustment of earnings threshold from next month. In terms of GNR 77 in Government Gazette GG 44137 dated February 8, 2021 and with effect from March 1, 2021 employees whose annual ‘earnings’ exceed R211 596.30 (currently R205 433.30 as from 1 July 2014), ...

Affirmative action measures: Employment equity plan?

by GilesFiles | Feb 3, 2021 | 2020 +, Affirmative action, appeal, Appeals, Appointed LC judges, Courts, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Government, 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, Municipal, Orders, Parties, Refused, 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...

Psychologist grade translation: Relevant experience?

by GilesFiles | Jan 18, 2021 | 2020 +, Appointed LC judges, Awards -s145, Cause: contractual breach, Collective agreements, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), EEA4 differentials s27, EEA9 Levels s21, Employment equity, Government, Inherent requirements, 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, Objective or correct, Orders, Parties, Pay progression, Provincial, 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...

Restraints unintended consequences: Enforceable and lawful?

by GilesFiles | Jan 12, 2021 | 2020 +, Applications, Bill of Rights, Cause: contractual breach, Common Law, Competition, Courts, Declaratory, Granted, High Court, High Court judges, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Logistics, Orders, Parties, Private enterprises, Protectable business interests, Public policy, Restraints and restrictions, Sectors, Special pleas, Topics, Transport & communication, Urgency

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a party thereto and without having any...