GilesFiles Insights

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

Trade union deregistration: AMCU and official notification

On 24 April 2019 the Registrar of Labour Relations gave notice of the intention to cancel the registration of the Association of Mineworkers and Construction Union (AMCU) and called for written representations within 60 days as to why the registration should not be...

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Unscientific job evaluation: Stones and disappearing scorpions

Today I happened upon a post in the blog of the Energy Research Centre (ERC) on 5 June 2017 recording with great sadness that Bill Cowan had passed away.   Bill Cowan (right) with colleagues Patrick van Sleight and Gamieda Gierdien in 2003. I remembered that name...

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Labour laws promulgated: Acts which commenced recently

For ease of reference the labour laws promulgated recently with the dates of commencement are provided herewith. BASIC CONDITIONS OF EMPLOYMENT AMENDMENT ACT NO. 7 of 2018 [ASSENTED TO 23 NOVEMBER 2018] [DATE OF COMMENCEMENT: 1 JANUARY 2019] (English text signed by...

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LC Practice Manual: Effective from April 2013

As explained in the introduction the LC Practice Manual is similar to other manuals in divisions of the high court and aims to promote access to justice and consistency in practice and procedure and to set guidelines on the standards of conduct expected of...

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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 Unfortunately it has not been possible to show the changes in this post but they can now be viewed by clicking on: Comparison of old and new CCMA Rules 2019 v1.2. Amended CCMA Rules have been published in the Government Gazette and take effect on...

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