GilesFiles Insights

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...

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...

Determining remuneration package: NMWA and commission

by GilesFiles | Mar 15, 2022 | 2020 +, Acting LC judges, Awards -s145, Basic Conditions (LRL 10), BCEA 1997, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Finance, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Management, Objective or correct, Orders, Orders re costs, Parties, Policies - strategies - tactics, Private enterprises, Regulations, Remuneration, 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...

Translating grade posts: Relevant experience considered

by GilesFiles | Mar 10, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Causes of action, Courts, Disallowed, Dispute Resolution (LRL 3), Employment equity, Equal pay & value, Evidence and onus, Exceptions/special pleas, Government, Inherent requirements, Insights, Interpretation and application, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, Sectors, Special pleas, 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...

Covid-19 operational requirements: Dismissal valid and fair

by GilesFiles | Mar 7, 2022 | Applications, BCEA 1997, Bill of Rights, Causes of action, CCMA awards, CCMA members, CCMA rules, Compensation, Contractual breach, Courts, Covid-19 issues, Discharged on account, Dispute Resolution (LRL 3), Exceptions/special pleas, Ill health and illness, Impossible or illegal performance, Insights, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legal practitioners, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Operation of law, Orders, Orders re costs, Parties, Personal services, Private enterprises, Procedural issues, Rules, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Summary - generally, supervening impossibility, Termination & dismissal (LRL 8), Topics

Dryden v Duncan Korabie Attorneys How should managers deal with employees who refuse to be vaccinated and may employment be terminated after following a fair procedure and should the reason for dismissal be related to conduct or capacity, or be based on operational...

Fair pay differentiation: Discrimination not proved

by GilesFiles | Feb 21, 2022 | 2020 +, Acting LC judges, Applications, Central, Courts, Declaratory, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Equal pay & value, Evidence and onus, Government, Inherent requirements, Insights, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, 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...

Unreasonable restraint covenant: Competition not unlawful

by GilesFiles | Feb 21, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Competition, Construction industry, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, H Rabkin-Naicker, Interdicts and rule nisi, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Protectable business interests, Refused, Restraints and restrictions, Sectors, Statutes (LRL 2) - work law, Topics, Urgency

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...

Corporate visa denied: Language training for SA citizens

by GilesFiles | Feb 18, 2022 | 2020 +, Affirmative action, Applications, Awarded, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Free and fair, Government, High Court, High Court judges, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Markets in SA, Orders, Orders re costs, Organs of state, Parties, philosophy / economics, Policies - strategies - tactics, Protectable business interests, Public policy, Regulations, Review tests, Rules, Scarce skills allowances, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Uniform High Court

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...

BCEA earnings threshold: R224,080.48 from 1 March 2022

by GilesFiles | Feb 11, 2022 | Basic Conditions (LRL 10), BCEA 1997, Insights, Labour Relations, Management, Remuneration, Statutes (LRL 2) - work law, Topics

Further upwards adjustment of earnings threshold from March 2022. In terms of Government Gazette dated February 8, 2022 and with effect from March 1, 2022 employees whose annual ‘earnings’ equal or exceed R224,080.48 (currently R211,596.30 as from March 2021), ...