employer Archives - GilesFiles

Dismissal powers considered: Who is the employer?

by GilesFiles | Jun 25, 2020 | 2020 onwards, Appeals, Appeals - leave, Applications, Central, Conduct & capacity, Courts, Disallowed, Exceptions/special pleas, Joinder, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Review tests, Roland Sutherland, Sectors, Special pleas, State organs, 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,...

Occupational injuries examined: Claims against State?

by GilesFiles | Aug 25, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, JC Froneman, Judges, Landmark judgments, Statutes (LRL 2)-work, Topics, Words & phrases | 1 |

Minister of Defence and Military Veterans v Thomas (CCT168/14) [2015] ZACC 26 (2015) ILJ 2751 ; [2015] JOL 33707 (25 August 2015) per Froneman J (Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Molemela AJ,...

Avoid advisory opinion: Collective agreement extended

by GilesFiles | Mar 26, 2015 | 2015, Associations/corporates, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Courts, Exceptions/special pleas, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Orders, Organisations (LRL 4), Parties, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Topics | 1 |

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,...

Dismissing poor performers: Dismiss for operational reason

by GilesFiles | Nov 14, 2014 | 2014 and earlier, 2014 and earlier, André van Niekerk, Anton Steenkamp, Balancing interests, Conduct & capacity, Constructive: 186(1)(e), Courts, Dennis Davis, Free and fair, Judges, Labour Appeal Court, Labour Court, Labour Relations, LAC judges, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operational reasons, Performance, Risks, Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, Topics, Trust & confidence, Work Science Institute | 1 |

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,...

Determining CEO employer: Group chief executive

by GilesFiles | Oct 27, 2014 | 2014 and earlier, Anton Steenkamp, Applications, Courts, Deceased judges, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Practices (LRL 9), Suspensions, Topics | 1 |

Golding v HCI Managerial Services (Pty) Ltd (C 933/2014) [2014] ZALCCT 52 (27 October 2014) [2015] 1 BLLR 91; (2015) 36 ILJ 1098 (LC) per Steenkamp J. The application was refused with no order as to costs. Whilst it is not too...

Employer rights protected: Restraint enforced

by GilesFiles | Sep 18, 2014 | 2014 and earlier, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Protectable interests, Sean Snyman, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

L’Oreal SA (Pty) Ltd v Kilpatrick and Another (J1990/2014) [2014] ZALCJHB 353; (2015) ILJ 2617 (LC) (16.09.2014) per S Snyman AJ It is unlikely that anyone foresaw the spurt of employer applications in the Labour Court...

COIDA application considered: State not employer?

by GilesFiles | Sep 11, 2014 | 2014 and earlier, Courts, ERelations (LRL 1), Judges, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal | 1 |

Thomas v Minister of Defence and Military Veterans (506/2013) [2014] ZASCA 109 (11 September 2014) Yesterday the Supreme Court of Appeal (SCA) decided unanimously that Dr Thomas could claim damages for injuries suffered by her...

Collective bargaining: employers allowed to lock-out

by GilesFiles | Jul 29, 2014 | Associations/corporates, Bargaining councils, Collective Bargaining (LRL 5), Free and fair, Insights, Labour Relations, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, Organisations (LRL 4), Parties, Power plays (LRL 6), Statutes (LRL 2)-work, Topics, Work Science Institute | 1 |

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,...

Protected Disclosures Act, Parliament whistle-blower ?

by GilesFiles | Oct 6, 2010 | Courts, Termination (LRL 8) | 0 |

The episode reeks of a shameful lack of accountability on the part of those who ought to have sided with Charlton

Protected Disclosures Act: – Parliament & its members?

by GilesFiles | Aug 8, 2010 | 2014 and earlier, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Termination (LRL 8), Topics | 0 |

“Counsel for Parliament, Mr Gauntlett SC, submitted that one must first look at the Constitution of the Republic of South Africa, 1996 (‘the Constitution’) to find out if Parliamentarians are in law ‘employees’ for the purposes...

Coida 30 of 1993: Amendments

by GilesFiles | Mar 5, 2008 | Insights, Interpretation etc, Jurisdiction & powers, Legislation, Statutes (LRL 2)-work, Topics | 0 |

Compensation for Occupational Injuries & Diseases Act 130 of 1993 GENERAL NOTE: In terms of s. 37 of Act No. 61 of 1997, the word “Commissioner”, wherever it occurs, is substituted by the expression...

Tag: employer