holistic approach Archives

Applying employment law: Two schools of thought

by GilesFiles | Oct 17, 2020 | AA - Resources generally, Causes and defences, Contractual breach, General, Insights, Labour Relations, LRA 07: 112-184 Dispute, Roman Dutch law, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought...

Requiring holistic approach: Just treatment of employees

by GilesFiles | Oct 2, 2019 | AB - Law generally, Causes and defences, Insights, Labour Relations, Termination (LRL 8), Topics | 0 |

Holistic approach needed by senior management and a decision-making framework that ensures decisions are economically, environmentally and socially sound i.e. the triple bottom line. In particular this applies when it becomes...

Hostile witness declaration: Irregularity considered

by GilesFiles | Mar 13, 2019 | 2019, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Conduct & capacity, Courts, Disallowed, Evidence & onus, Hearing procedure, Insubordination and defiance, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, MV Phatshoane, Orders, Parties, Performance, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, 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,...

Inherent job requirements: Discrimination on religious grounds

by GilesFiles | Nov 5, 2018 | 2018, 2018, AUD, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, LRA 08a: 185-197B Dismissal, LRA 1995, Personal Information, 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,...

Performance based adjustments: Mutual interest dispute

by GilesFiles | Sep 28, 2018 | 2018, Collective Bargaining (LRL 5), Courts, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 03: 11-63 Bargain, LRA 04: 64-77 Strikes, LRA 1995, LRA 64 strike lockout, LRA 65 limitations, LRA 67 protected strike, LRA 68 strike unprotected, Power plays (LRL 6), Sectors, Statutes (LRL 2)-work, 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,...

Speedy dispute resolution: Why need for charge-sheets?

by GilesFiles | Aug 15, 2018 | 2018, Appeals, Bill of Rights, Conduct - gross, Conduct & capacity, Courts, Dignity equality freedom, Evidence & onus, Hearing procedure, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, MV Phatshoane, Risks, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Malapalane v Glencore Operations SA (Pty) Ltd (Goedevonden Colliery) Effective and speedy dispute resolution was accepted by the LAC but there are disturbing statements in the judgment that suggest the true objective of labour...

Card sharp exposed: Valid and fair reason to dismiss

by GilesFiles | Jul 10, 2018 | 2018, Appeals, Condonation, Conduct - gross, Conduct & capacity, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, MV Phatshoane, Risks, 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,...

South Africa 40 years ago: Dismissal and divorce

by GilesFiles | Apr 5, 2018 | AB - Law generally, AB1 - Fairness principle or concept, BCEA 1997 (LRL 10), Causes and defences, Conduct & capacity, Disciplinary action, Insights, Interpretation etc, Labour Relations, philosophy / economics, Protect not punish, Risks, Termination (LRL 8), Trust & confidence | 0 |

Legally the two most important human relationships were treated very differently in South Africa 40 years ago. By law is meant both the common law and legislation enacted by parliament at that time, bearing in mind that the...

Workplace mediation: Achieving just outcomes

by GilesFiles | Mar 12, 2018 | BCEA 1997 (LRL 10), Insights, Kate O'Regan, Labour Relations, LRA 1995, Operational reasons, RMM Zondo, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Workplace mediation: Talk delivered on 7 March 2018 by Graham Giles at Mediation and Justice in South Africa conference “Who are the collaborators in and across the industries and how can we ensure that mediation achieves...

Fairness factors evaluated: Remorse with long service

by GilesFiles | Feb 12, 2018 | Causes and defences, CCMA awards, Contractual breach, Courts, Evidence & onus, Labour Relations, Parties, Personal Information, Review tests, Sectors, Sidumo - see also awards s 145, Termination (LRL 8), Topics, Trust & confidence, Universities and schools | 0 |

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Derivative conduct: Collective misconduct?

by GilesFiles | Nov 21, 2017 | 2017, Causes and defences, Collective action, Conduct & capacity, Consistency element, Courts, Derivative action, F Kathree-Setiloane, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LRA 67 protected strike, Power plays (LRL 6), Risks, Termination (LRL 8), Topics, Trust & confidence, 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,...

Injury and poor health: Valid and fair reason to dismiss

by GilesFiles | Jun 27, 2017 | 2017, Banks, BCEA 1997 (LRL 10), Conduct & capacity, Connie Prinsloo, Courts, Illness & injury, Judges, Labour Court, Labour Court judges, Labour Relations, Sidumo - see also awards s 145, 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: holistic approach