exemptions Archives - GilesFiles

Furnishing security considered: Exemption or reduction?

by GilesFiles | Jul 30, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Suzanna Harvey, 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,...

Extending main agreement: Majoritarianism & collective bargaining

by GilesFiles | Nov 13, 2025 | 2020 onwards, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs not awarded, Courts, Declaratory, Disallowed, Free and fair, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 1995, Markets in SA, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, 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,...

Seeking leave to appeal: Applicable principles?

by GilesFiles | Jul 15, 2025 | 2020 onwards, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, leave to appeal, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Bargaining council agreement: Allowing employer exemptions

by GilesFiles | Apr 9, 2025 | 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Applications, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Common law, Consumer protection, Courts, Declaratory, Free and fair, granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Management, Markets in SA, Objective - correctness, Orders, Organisations (LRL 4), Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication, Work Science Institute | 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,...

Collective agreement exemption: Allowed appeal

by GilesFiles | Jan 23, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Construction industry, Costs, Courts, Declaratory, H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, PAJA 2000, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Freedom to negotiate: Allow employees to do so

by GilesFiles | May 15, 2023 | AA - Resources generally, AB - Law generally, False assumptions, Free and fair, Insights, Legislation, Management, Markets in SA, Reforms required | 0 |

Over the past few months news headlines have been dominated by the power crisis, while this is understandable given its fundamental importance to the economy, we should not lose sight of the unemployment crisis. In fact these...

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 & capacity, Contractual breach, Costs, Courts, Fair procedure, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Mining, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Extending main agreement: Interim relief refused

by GilesFiles | Aug 3, 2022 | 2020 onwards, Applications, Bargaining councils, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Contempt, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, MPN Nkutha-Nkontwana, Orders, Organisations (LRL 4), Parties, Personal services, Private enterprises, Refused, Review tests, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Thresholds, 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,...

Wage disparity dispute: Free and fair competition?

by GilesFiles | May 14, 2021 | 2020 onwards, AF - Internal equity external parity, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), CCMA & BC, Collective Bargaining (LRL 5), Conduct & capacity, Courts, Declaratory, Dennis Davis, Disallowed, EEA4 s27, EEA9 Levels s21, Equal pay and value, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Management, Markets in SA, Objective - correctness, Orders, Parties, Pay progression, Performance, Protectable interests, Reforms required, Review tests, Risks, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Topics, Trade unions, Transport & communication, Trust & confidence, Work Science Institute | 0 |

Golden Arrow Bus Service (Pty) Ltd v SARPBC (Trade Unions) The dispute indirectly dealt with unfair discrimination and a wage disparity of about 59% in the same occupational level but there was insufficient evidence placed...

Sectoral determination exemption: Cut-off date?

by GilesFiles | May 22, 2020 | 2020 onwards, BCEA 1997 (LRL 10), Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Pension & retirement funds, Roland Sutherland, Sectors, 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,...

Exemption appeal body: Review and setting aside

by GilesFiles | Apr 2, 2019 | 2019, Bargaining councils, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Logistics, LRA 07: 112-184 Dispute, LRA 1995, PAJA 2000, Parties, Review tests, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Collective agreement exemptions: Reviewing appeal decisions

by GilesFiles | Jun 7, 2017 | 2017, Bargaining councils, Connie Prinsloo, Courts, Judges, Labour Court, Labour Relations, LRA 1995, Review tests, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Topics | 2 |

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Tag: exemptions