PSCBC Archives - GilesFiles

Attempted factual concealment: Dismissal during notice

by GilesFiles | Mar 14, 2023 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Notice requirements, Orders, Parties, Personal services, Provincial, Resignations, Resolving disputes (LRL 3), 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,...

Collective agreement considered: Credit leave days

by GilesFiles | Oct 6, 2022 | 2020 onwards, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, SCA judges, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

MEC for Economic Development, Environment and Tourism: Limpopo v Leboho When do employees who have retired retain leave credits in terms of collective agreement and consequences considered? [18] . . . .There is therefore...

Calculating leave days: Retiring with leave credits

by GilesFiles | Oct 6, 2022 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Causes and defences, Collective Bargain (LRL 5), Contractual breach, Costs, Courts, Disallowed, Evidence & onus, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Policies - all, Provincial, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

MEC for Economic Development, Environment and Tourism: Limpopo v SRL In calculating leave days when do the courts, as opposed to bargaining councils, have jurisdiction to resolve disputes concerning collective agreements?...

Employment jurisdictional issues: Unfair labour practices

by GilesFiles | Nov 17, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Orders, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

Unlawful agreement concluded: Invalid and not binding

by GilesFiles | Dec 15, 2020 | 2020 onwards, 2020 onwards, Applications, Bargaining councils, Bill of Rights, Causes and defences, Central, Collective Bargain (LRL 5), Courts, Declaratory, Dennis Davis, Government, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, MV Phatshoane, Orders, Organisations (LRL 4), P Coppin, Parties, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 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,...

Pay progression differentiation: Incentive Policy Framework

by GilesFiles | Nov 9, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Courts, Deemed, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Insights, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, MV Phatshoane, Objective - correctness, Orders, PAJA 2000, Parties, Pay progression, Performance, Policies - all, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Topics, 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,...

Applying legality principle: Must consult over rules

by GilesFiles | Oct 9, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Courts, Declaratory, Government, Judges, Legal Practice, Legality principle, Orders, Parties, Pension & retirement funds, Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics, Trade unions | 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,...

Support staff excluded: Beyond Council’s jurisdiction

by GilesFiles | Jul 14, 2020 | 2020 onwards, Allowed, Appeals, Bargaining councils, Courts, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, MV Phatshoane, Orders, Organisations (LRL 4), Parties, Practices (LRL 9), Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, 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,...

PSCBC Resolution 2 of 1999: Disciplinary principles

by GilesFiles | Mar 23, 2018 | 2018, Checklists, Conduct & capability, Disciplinary action, Hearing procedure, Insights, Labour Court, Labour Relations, Legal Practice, Protect not punish, Termination (LRL 8), Warnings | 0 |

It is important to understand that PSCBC Resolution 2 of 1999 developed the principles for a disciplinary code and procedure for the public sector and avoided the need to use language suggesting any form of criminal conduct. ...

Seismic shift in labour landscape: Psa and Fedusa

by GilesFiles | May 25, 2017 | Collective Bargain (LRL 5), ERelations (LRL 1), Organisations (LRL 4), Trade unions | 0 |

The 230,000-member Public Service Association has rejoined the Federation of Unions of SA (Fedusa) in a move that is set to change the labour landscape. This brings Fedusa’s total claimed membership to 700,000, giving the...

Right to strike & medical practitioners – update

by GilesFiles | Jul 2, 2009 | Associations/corporates, Collective Bargain (LRL 5), Power plays (LRL 6), Work Science Institute | 0 |

Further to the post yesterday, linking to some recent articles and opinions, here are some further links to BusinessDay today. Letters from Dr Lucas Ntyintyane “Spotlight on SA health”, Dr Chris Kassianides...

Tag: PSCBC