Covid-19 pandemic Archives

Breaching employment contracts: Changes imposed unilaterally

by GilesFiles | Apr 17, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 189 and 189A see Termination, Molatelo Robert Makhura, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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,...

Sensible operational responses: Not moral outrage

by GilesFiles | Apr 10, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Edwin Tlhotlhalemaje, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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,...

Substantive wage agreement: Lawful and valid

by GilesFiles | Nov 22, 2023 | 2020 onwards, Applications, Causes and defences, Central, Collective Bargain (LRL 5), Contractual breach, Costs, Courts, Declaratory, Government, High Court, High Court judges, Impossible or illegal, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Specific performance, State organs, Statutory, Topics | 0 |

Psa (Public Servants Association) v SARS Substantive wage agreement “[1] This case revolves around the lawfulness, or otherwise, of a Substantive Wage Agreement entered into between the First Respondent and some of its...

Legitimate operational requirements: Trade union engagement?

by GilesFiles | Jun 14, 2023 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Local, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 189 and 189A see Termination, Municipal, Operational reasons, Orders, Parties, Pleadings, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Lifting corporate veil: Common law principles

by GilesFiles | Apr 21, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics, Trustees | 0 |

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B-BBEE selection criteria: DMA & mootness

by GilesFiles | Feb 8, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Covid-19 issues, Declaratory, Dignity equality freedom, Disallowed, Government, Insights, Judges, Legal Practice, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, State Owned Enterprises, Statutory, Topics | 0 |

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Compliance order set aside: Annual bonus

by GilesFiles | Dec 7, 2022 | 2020 onwards, Absenteeism, André van Niekerk, BCEA 1997 (LRL 10), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Hearing procedure, Impossible or illegal, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Mining, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Operational selection criteria: Managerial prerogative

by GilesFiles | Nov 22, 2022 | 2020 onwards, André van Niekerk, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, LCP Manual, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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,...

Constructive dismissal analysed: Salary reduced

by GilesFiles | Nov 22, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Covid-19 issues, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

Westcor SA (Pty) Ltd v TM Is a constructive dismissal inherently unfair and if not how must the facts be analysed and who bears the onus of proof? “[26] A ‘constructive dismissal’ occurs when the employee resigns because...

Supervisory order granted: Serious procedural defects

by GilesFiles | Nov 21, 2022 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Covid-19 issues, Evidence & onus, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Management, Orders, PAJA 2000, Parties, Personal services, Policies - all, Review tests, Risks, Roman Dutch law, SCA judges, Sectors, Settlement agreements, Special pleas, State Owned Enterprises, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

SA Health Products Regulatory Authority v ACDP Why did a full bench of SCA uphold appeal and decide to set aside a supervisory order granted by the high court? “[23] The appeal must succeed for the three inter-related...

Operational requirements paramount: Covid-19 vaccine

by GilesFiles | May 9, 2022 | Bill of Rights, Causes and defences, CCMA awards, CCMA members, Compatible & competent, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Operational reasons, Orders, Parties, Personal services, Policies - all, Poor performance, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

B v Baroque Medical (Pty) Ltd When do operational requirements become paramount and a valid and fair reason to terminate employment on notice? “[55] The risk assessment and subsequent imposition of the mandatory policy as well...

Operational needs paramount: Lawful admission policy

by GilesFiles | Mar 14, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Dignity equality freedom, Evidence & onus, Impossible or illegal, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Molatelo Robert Makhura, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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,...

Tag: Covid-19 pandemic