GilesFiles Insights

Wage disparity alleged: Narrow compass interpretation?

by GilesFiles | May 7, 2020 | 111 of 1958, 2020, Appeals, Appointed LAC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA4 differentials s27, EEA9 Levels s21, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Evidentiary burden, Exceptions/special pleas, ILO Conventions, Insights, Interpretation and application, Job evaluation, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Onus of proof, Orders, Organs of state, Parties, Refused, Roland Sutherland, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Work Science Institute

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...

Health safety measures: Covid-19 latest directive

by GilesFiles | Apr 29, 2020 | Basic Conditions (LRL 10), Consumer protection, Covid-19 issues, Employment Relations (LRL 1), Insights, Labour Relations, Legislation, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Topics

Mainly in the interests of those who do not have direst access to the Government Gazettes this post sets out the latest Directive regarding health and safety in the workplace which also affects a small business, but not to the same extent as the medium to large...

Covid-19 new regulations: (Movement and Table 1)

by GilesFiles | Apr 29, 2020 | Covid-19 issues, Insights

Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002 Signed on 29 April 2020 Excerpts and not all the regulations are repeated. Movement of persons and Table 1 (see below) 16. (1) Every person is confined to his or her place of...

Reduce wage curve: Avoiding mass dismissals

by GilesFiles | Apr 23, 2020 | Covid-19 issues, Employment equity, impossible or illegal, Insights, Management, Markets in SA, philosophy / economics, Risks

Avoiding so-called retrenchments These are unprecedented times and senior managers in most companies are facing difficult decisions to ensure the survival of the enterprises. A first reaction may be to 'contemplate' terminating a number of employees based on...

IMSSA early days: Creation and development

by GilesFiles | Apr 12, 2020 | Insights, Markets in SA, philosophy / economics, Thought Leaders

In 1981 the Ford Foundation generously donated funds to enable a mediation service to be established in South Africa. Thanks mainly to the efforts and drive of the late Loet Douws Dekker steps were taken to arrange for interested participants to become involved in...

Costly withdrawn application: PPE for health workers

by GilesFiles | Apr 11, 2020 | 2020, Applications, Appointed LC judges, BM Whitcher, Central, Courts, Covid-19 issues, Declaratory, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, punitive costs, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, 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...

Covid-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020, Cause: regulations, Cause: statute, Common Law, Courts, Covid-19 issues, De bonis propriis, Declaratory, High Court, High Court judges, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, philosophy / economics, Sectors, Topics

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges and ordered the registrar to report the...

Copyrighting computer program: Disputed authorship

by GilesFiles | Apr 1, 2020 | 2020, Agriculture, Appeals, Associations, Cause: statute, Common Law, Competition, Courts, Evidence and onus, Judges, Legal Practice, Legislation, MS Navsa, Onus of proof, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of 'functional requirements and a periodic review of progress being made in the development of the program and testing it finally to see if it met its purpose, without...

Teaching hospitals agreement: Scarce skills allowance

by GilesFiles | Mar 20, 2020 | 2020, Bill of Rights, Cause: statute, Collective Bargaining (LRL 5), Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Parties, Provincial, Scarce skills allowances, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Universities and schools

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...

Scarce skills allowance: Award set aside

by GilesFiles | Mar 4, 2020 | 2020, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Bonus-discretionary, Central, Courts, Dispute Resolution (LRL 3), 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, Management, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Review tests, Rulings - s158(1)(g), Scarce skills allowances, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics, Zungu doctrine

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...