Labour relations judgments

Determining jurisdictional issue: LRA s 157(2) examined

by GilesFiles | Jun 24, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, MZN Lallie, Not awarded, Orders, Orders re costs, Organs of state, Parties, Power plays (LRL 6), Provincial, Refused, Rule nisi, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Strike - unprotected, Topics | 0 Comments

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Status demotion examined: Only compensation awarded

by GilesFiles | Jun 22, 2022 | 2020 +, 7 levels, Acting LC judges, Awards -s145, Banks, Causes of action, Compensation, Courts, Demotion - 186(2)(a), Dispute Resolution (LRL 3), EEA4 differentials s27, EEA9 Levels s21, Employment equity, Evidence and onus, Exceptions/special pleas, Finance, Insights, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Management, Not awarded, Orders, Orders re costs, Parties, performance based, Promotion / demotion - 186(2)(a), re-grading, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, supervening impossibility, Topics, Value exchange | 0 Comments

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, email us and we’ll arrange to give you...

Locus standi considered: Individual or collective rights?

by GilesFiles | Jun 17, 2022 | 2020 +, Acting LAC judges, Agriculture, Allowed, appeal, Appeals, Causes of action, Collective agreements, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rules, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Objective or correct, Orders, Orders re costs, Organisations (LRL 4), Parties, Private enterprises, Review tests, Rules, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Trade unions, Uniform High Court | 0 Comments

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, email us and we’ll arrange to give you...

Breaching collective agreement: Dismissal procedurally unfair

by GilesFiles | Jun 13, 2022 | 2020 +, Appointed LC judges, Awarded, Awards -s145, Causes of action, Compensation, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Government, H Rabkin-Naicker, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Misconduct generally, Municipal, Orders, Orders re costs, Organs of state, Parties, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, State action - s158(1)(h), Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 0 Comments

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, email us and we’ll arrange to give you...

Destroying trust relationship: Senior manager’s conduct

by GilesFiles | Jun 6, 2022 | 2020 +, Appointed LC judges, Awards -s145, Banks, Capacity, Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Finance, H Rabkin-Naicker, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Orders, Orders re costs, Parties, Performance related, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 Comments

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, email us and we’ll arrange to give you...

Disreputable unacceptable conduct: Fair dismissal reason?

by GilesFiles | Jun 2, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Causes of action, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Harassment & bullying, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 0 Comments

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, email us and we’ll arrange to give you...

Determining employment status: Automatic termination?

by GilesFiles | May 29, 2022 | 2020 +, Applications, Appointed LC judges, Awarded, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Clear and convincing, Contractual breach, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, GN Moshoana, Impossible or illegal performance, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Meaning of dismissal, Operation of law, Orders, Orders re costs, Parties, Proof required, Resignation voluntary, Rules, Sectors, Statutes (LRL 2) - work law, supervening impossibility, Termination & dismissal (LRL 8), Topics, Trade, Trade unions | 0 Comments

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, email us and we’ll arrange to give you...

Staying award enforcement: Requirements considered

by GilesFiles | May 25, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, GN Moshoana, Interdicts and rule nisi, interpleader proceedings, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, staying proceedings and execution, Suspensions - 186(2)(b), Topics, Uniform High Court, Urgency | 0 Comments

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, email us and we’ll arrange to give you...

Compensation for losses suffered: During protected strike?

by GilesFiles | May 23, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Delict, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Strike - protected, Topics, Trade, Trade unions | 0 Comments

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, email us and we’ll arrange to give you...

Interrupting prescription considered: Contempt not proved

by GilesFiles | May 20, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Central, Contempt of court, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, H Rabkin-Naicker, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, prescription, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics | 0 Comments

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, email us and we’ll arrange to give you...

Labour relations judgments

Labour judgments in 2020 alone

Subtopics

Power play – strikes and lockouts

Labour Practices

Dismissal

Termination

Latest labour relations judgments

Determining jurisdictional issue: LRA s 157(2) examined

Status demotion examined: Only compensation awarded

Locus standi considered: Individual or collective rights?

Breaching collective agreement: Dismissal procedurally unfair

Destroying trust relationship: Senior manager’s conduct

Disreputable unacceptable conduct: Fair dismissal reason?

Determining employment status: Automatic termination?

Staying award enforcement: Requirements considered

Compensation for losses suffered: During protected strike?

Interrupting prescription considered: Contempt not proved