GilesFiles Insights

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

Bipolar contractual model: Vulnerable Uber drivers

Uber v Aslam Uber drivers in the United Kingdom have been held by the Court of Appeal in Uber B.V. ("UBV") & Ors v Aslam & Ors [2018] EWCA Civ 2748 to be ‘workers’ for the purposes of the national minimum wage and paid holidays. Journal article In an important...

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Reviewing CCMA awards: Answering seven questions

When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not the only questions they are accepted as...

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Genuine pay differentials: A simple fix required

Garbage in and out It is said that 'garbage in, is garbage out' and we are in real danger of not measuring genuine pay differentials. Employers are currently being forced to report wages paid to employees at seven occupational levels. But, if the ‘benchmarks’ in the...

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CA Sector Code: Management levels – flawed EEA9

Introduction to draft Sector Code for the accounting profession For many years it has been suggested that EEA9 in the Employment Equity Act (EEA) is a flawed structure because it fails to give proper effect to the elimination of disproportionate pay differentials in...

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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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