GilesFiles Insights

Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 +, Appointed LC judges, Awards -s145, Capacity, Causes of action, Central, Con 158 (1982), Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Government, Holistic evaluation, Ill health and illness, ILO Conventions, 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, LRA Chpt: 8a: s185-197B Dismissals, Management, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason, Without forfeiting rights

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...

Vaccination passport policy: No grounds for urgency

by GilesFiles | Feb 2, 2022 | 2020 +, Acting LC judges, Applications, Awarded, Causes of action, Courts, Covid-19 issues, Dispute Resolution (LRL 3), Insights, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Management, Orders, Orders re costs, Parties, Personal services, Policies - strategies - tactics, Private enterprises, Refused, Regulations, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Struck off, 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...

Labour Courts Directives: As issued

by GilesFiles | Jan 26, 2022 | Checklists, Insights, Rules

From time to time the Judge President of the Labour Courts issues Directives and some of them appear below and can be accessed by clicking on the links. 5 JANUARY 2022 Access to courts and conduct of proceedings from 17 January 2022 Practice Directive 01/2022 -...

Employer harassment liability: Coupled with suspension

by GilesFiles | Dec 10, 2021 | appeal, Appeals, Appointed LC judges, Awards -s145, Bill of Rights, Causes of action, Constructive, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt VI ss 53-65, Employment Equity (LRL 12), Handling of Sexual Harassment, Harassment & bullying, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Orders, Orders re costs, Parties, Policies - strategies - tactics, Private enterprises, Review tests, RGO Lagrange, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Trade

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...

Protectable interests considered: Restraints and novation

by GilesFiles | Dec 3, 2021 | 2020 +, Applications, Causes of action, Competition, Contractual breach, Courts, Declaratory, Endumeni Municipality case, Evidence and onus, Finance, High Court, High Court judges, Insights, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Markets in SA, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Protectable business interests, Refused, Restraints and restrictions, Sectors, Topics, Urgency

Heritage Financial Consultants (Pty) Ltd v Ramborosa What restraints need to be agreed regarding protectable interests and confidentiality to ensure that they are considered for a restraint order? "44 But this does not mean that a person in the position of Mr...

School admission policy: Delimiting feeder zone

by GilesFiles | Oct 26, 2021 | 2020 +, A.G. Binns-Ward, Applications, Bill of Rights, Biowatch principle, Causes of action, 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...