reciprocal obligations Archives

Conduct related dismissals: Valid and fair reasons

by GilesFiles | Aug 6, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Managerial prerogative, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Rob Stelzner, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

ILO Convention 158 & LRA: (in)capacity and (mis)conduct.

by GilesFiles | Jun 6, 2025 | AA - Resources generally, AB - Law generally, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AJ - General, Conduct & capacity, ILO Convention 158/1982, ILO Conventions, Insights, Lawfulness & fairness, Performance, Risks, Termination (LRL 8), Trust & confidence | 0 |

Probationary or trial periods: Executive summary Discussion of the concept of probationary periods for employees and the legal considerations related to dismissals during this period. It draws comparisons between South African...

Æsculapian Authority: Doctor-patient relationship

by GilesFiles | Dec 15, 2024 | AA - Resources generally, AB1 - Fairness principle or concept, Authority: Sapiential or delegated, Insights | 0 |

Æsculapian Authority and the Doctor-patient Relationship Erik T. Paterson, M.B., Ch.B., D.Obst.R.C.O.G., F.B.I.S Abstract It is time to remind the Medical Community of some of the fundamentals underlying its ability to do what...

Restraint agreement enforced: Potential impending harm

by GilesFiles | Feb 23, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Topics, Trade restraints | 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,...

Alleged lockout explained: Deductions considered

by GilesFiles | Jul 12, 2022 | 2020 onwards, 64 Lockout, 64-77 Strikes, 65 limitations, Applications, BCEA 1997 (LRL 10), Causes and defences, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Provincial, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Urgency | 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,...

Repudiating employment contracts: Trust and confidence

by GilesFiles | Aug 18, 2020 | AA - Resources generally, AB1 - Fairness principle or concept, Causes and defences, Contractual breach, ILO Convention 158/1982, ILO Conventions, Insights, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 1995, Markets in SA, philosophy / economics, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thought Leaders, Topics, Trust & confidence | 0 |

During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November...

Reciprocal contractual obligations: Duty to disclose transfer?

by GilesFiles | May 6, 2020 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, Orders, Parties, Retirement, Review tests, Sectors, Special pleas, Topics | 0 |

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

Reciprocal contractual obligations: Franchise agreement

by GilesFiles | Jun 5, 2019 | 2019, A G Binns-Ward, Causes and defences, Contractual breach, Courts, Exceptions/special pleas, High Court, High Court judges, Judges, Legal Practice, 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,...

Workplace mediation: Achieving just outcomes

by GilesFiles | Mar 12, 2018 | BCEA 1997 (LRL 10), Disputes: right or interest, 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...

Lawyers representing themselves: Foolish clients

by GilesFiles | Jan 31, 2017 | 2017, BCEA 1997 (LRL 10), Causes and defences, Insights, Labour Court, Statutory, Topics | 0 |

M v Minister of Justice and Constitutional Development and Correctional Services (JS708/14) [2017] ZALCJHB 48 ; [2017] 10 BLLR 1062; (2017) ILJ 1675 (31 January 2017) per Cele J. Labour court refused to grant two advocates any...

Sectional title complex: Peaceful and undisturbed occupation

by GilesFiles | May 31, 2016 | 2016, Appeals, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Courts, Judges, Legal Practice, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Herr v Innomet (Pty) Ltd (394/2015) [2016] ZASCA 82 (31 May 2016) per Saldulker JA (Ponnan, Majiedt, Swain and Zondi JJA concurring): The Supreme Court of Appeal (SCA) allowed the lessee’s appeal. The lessee vacated a unit is a...

Stigma damages considered: Employer contractual duties

by GilesFiles | Nov 24, 1995 | 2017, Banks, Causes and defences, Courts, Damages, Insights, Interpretation etc, Judges, Landmark judgments, Parties, Sectors, Trust & confidence | 0 |

Council for Scientific and Industrial Research v Fijen (314/94) [1995] ZASCA 143; 1996 (2) SA 1 (SCA); [1996] 2 All SA 379 (A); [1996] 6 BLLR 685 (AD) (24 November 1995) “Employment, and job prospects, are matters of vital...

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