GilesFiles Insights

On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.

Can errors and ignorance of law be excused?

As a legal practitioner and teacher of the law relating to the ‘world of work’ at university level for nearly 40 years I feel duty-bound to comment adversely on recent developments in the constitutional court concerning my field of expertise.  I felt obliged to...

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Service level agreements: Providing services or performing work

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...

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Fairness implies validity: Look back and then forward

It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees have proved that they were employed and...

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Amended CCMA Rules: Effective from January 1, 2019

Amended CCMA Rules have been published in the Government Gazette and take effect on January 1, 2019 and are repeated here for easy reference. DEPARTMENT OF LABOUR: NOTICE 776 OF 2018 (42092) Labour Relations Act (66/1995): effective from 1 January 2019 RULES FOR THE...

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Proportional pay differentials: Frameworks and compliance

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...

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