GilesFiles Insights

Project based work: No absolute right to work

by GilesFiles | Feb 11, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Construction industry, Courts, Declaratory, Dispute Resolution (LRL 3), Fixed-term contracts, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Markets in SA, Operational requirements-s189, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Proof required, Roman Dutch law principles, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned that the applicant may well have been similarly qualified and enjoyed similar experience to another...

BCEA earnings threshold: R211,596.30 from 1 March 2021

by GilesFiles | Feb 9, 2021 | Basic Conditions (LRL 10), BCEA 1997, Insights, Labour Relations, Management, Remuneration, Statutes (LRL 2) - work law, Topics

Upwards adjustment of earnings threshold from next month. In terms of GNR 77 in Government Gazette GG 44137 dated February 8, 2021 and with effect from March 1, 2021 employees whose annual ‘earnings’ exceed R211 596.30 (currently R205 433.30 as from 1 July 2014), ...

Affirmative action measures: Employment equity plan?

by GilesFiles | Feb 3, 2021 | 2020 +, Affirmative action, appeal, Appeals, Appointed LC judges, Courts, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Government, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Orders, Parties, Refused, 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...

Psychologist grade translation: Relevant experience?

by GilesFiles | Jan 18, 2021 | 2020 +, Appointed LC judges, Awards -s145, Cause: contractual breach, Collective agreements, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), EEA4 differentials s27, EEA9 Levels s21, Employment equity, Government, Inherent requirements, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Pay progression, Provincial, 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...

Restraints unintended consequences: Enforceable and lawful?

by GilesFiles | Jan 12, 2021 | 2020 +, Applications, Bill of Rights, Cause: contractual breach, Common Law, Competition, Courts, Declaratory, Granted, High Court, High Court judges, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Logistics, Orders, Parties, Private enterprises, Protectable business interests, Public policy, Restraints and restrictions, Sectors, Special pleas, Topics, Transport & communication, Urgency

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a party thereto and without having any...

1988 LRA amendments: Sure recipe for conflict

by GilesFiles | Dec 31, 2020 | Insights, Labour Relations, Labour Relations Act 1995, Markets in SA, Reforms required, Statutes (LRL 2) - work law, Thought Leaders, Topics

Looking back on the 1988 LRA amendments there is little doubt that when the former government accepted the recommendations of the Wiehahn Commission in 1979 they failed to understand the nature and effect of what changes to the employment and labour laws would entail....

Labour market features: Balancing conflicting interests

by GilesFiles | Dec 30, 2020 | Collective Bargaining (LRL 5), Employment Relations (LRL 1), Free and fair, Insights, Labour Relations, Markets in SA, Micro enterprises, philosophy / economics, Reforms required, Thought Leaders, Topics

On 14 July 1994 the then Minister of Labour, Tito Mboweni, delivered a speech to the Labour Law Conference in Durban entitled "The New Labour Market: Prospects for Accommodation and Conflict" and explained the features of the labour market that were being proposed by...

Pay progression differentiation: Incentive Policy Framework

by GilesFiles | Nov 9, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, Bill of Rights, Central, Courts, deeming provision, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Government, Granted, Insights, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Organs of state, PAJA 2000, Parties, Pay progression, Private enterprises, 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...

Invalid procurement regulations: Preferential procurement appeal

by GilesFiles | Nov 2, 2020 | 2020 +, Associations & corporate bodies, Bill of Rights, Central, Courts, Employment equity, Finance, Free and fair, Government, Inherent requirements, Judges, Legal Practice, Legislation, Markets in SA, Organs of state, Parties, SCA judges, Sectors, SOEs (State Owned Enterprises), Supreme Court of Appeal, Termination & dismissal (LRL 8), Topics

Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s 217 of the Constitution and s 2 of the...

Bloom taxonomy revised: Educational objectives redefined

by GilesFiles | Nov 1, 2020 | Insights, Management, performance based, Policies - strategies - tactics

Recently on 27 October 2020 and in a landmark decision the constitutional court stressed that in an 'ever-changing economic climate characterised by increasing global competition, operational reasons not only relate to the downsizing of the workforce, but also to...