PSA 38 Archives - GilesFiles

Salary level reduced: Lawful employer action

by GilesFiles | Jun 27, 2023 | 2020 onwards, AF - Internal equity external parity, Causes and defences, Central, Contractual breach, Costs, Courts, Government, Insights, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Pay differentials, Pay progression, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, State organs, 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,...

Legality review deductions: Temporary incapacity leave

by GilesFiles | May 18, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Courts, Declaratory, GN Moshoana, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, 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,...

Same salary adjustments: Cost-of-living increase

by GilesFiles | Aug 18, 2022 | 2020 onwards, AF - Internal equity external parity, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, EEA9 Levels s21, F Kathree-Setiloane, Government, Insights, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Pay progression, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Workplace exclusion considered: Deductions lockout?

by GilesFiles | Jul 12, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Policies - all, Provincial, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics, Urgency | 0 |

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Alleged lockout explained: Deductions considered

by GilesFiles | Jul 12, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Provincial, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Urgency | 0 |

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Car allowance considered: BCEA s34 deduction

by GilesFiles | May 19, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Evidence & onus, Government, High Court, High Court judges, Insights, Job evaluation and grading, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Municipal, Orders, Parties, Pay progression, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Downgrading exercise approved: Legality principle considered

by GilesFiles | Mar 13, 2019 | 2019, AF - Internal equity external parity, Bill of Rights, Causes and defences, Central, Courts, EEA 7 Factors, Employ Equity (LRL 12), Evidence & onus, Insights, Job evaluation and grading, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, MV Phatshoane, Review tests, Sectors, Seven occupational levels, Thought Leaders, Topics, Work Science Institute | 0 |

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Unlawful deductions interdicted: Apex court judgment

by GilesFiles | Jun 15, 2018 | 2018, Anton Steenkamp, Causes and defences, Central, Courts, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Unilateral salary deductions: PSA s38(2)(b)(i) invalid

by GilesFiles | Dec 7, 2017 | 2017, 2017, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, Constitutional Court, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legality principle, Legislation, Resolving disputes (LRL 3), Retired judges, Sectors, Special pleas, Topics | 0 |

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State deductions: Constitution & PSA 38(2)(b)(i)

by GilesFiles | May 18, 2017 | 2017, Appeals, Central, ConCourt judges, Constitutional Court, Courts, Judges, Legal Practice, Legality principle, Legislation, Parties, Sectors, Topics | 0 |

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Self-help unconstitutional: Deductions

by GilesFiles | Dec 30, 2016 | 2016, Courts, Edwin Tlhotlhalemaje, Judges, Labour Court, Labour Court judges, Legality principle, Sectors | 0 |

In the light of the above conclusions, it follows that the provisions of section 38(2)(b)(i) of the PSA as sought to be interpreted and applied by the Department gives it or the State, a wide discretion in determining at any...

Tag: PSA 38