Labour relations judgments

Disputed severance pay: Reliance on weak authority

by GilesFiles | Jan 28, 2022 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Courts, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private security, Sectors, Severance forfeited, Statutes (LRL 2) - work law, 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...

Good faith duty: Moonlighting employee

by GilesFiles | Jan 18, 2022 | 2020 +, 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Cause: contractual breach, Clear and convincing, Common Law, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, Holistic evaluation, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Roman Dutch law principles, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Trade, 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...

Dispensing with hearing: Lawfully discharged

by GilesFiles | Jan 5, 2022 | 2020 +, appeal, Appeals, Bill of Rights, Cause: statute, Central, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Refused, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Termination & dismissal (LRL 8), 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...

Master service agreement: No indefinite arrangement

by GilesFiles | Dec 30, 2021 | 2020 +, Applications, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Private enterprises, Refused, Refused, Rule nisi, Sectors, Topics | 0 Comments

Kellogg Co of SA (Pty) Ltd v Barlow World Logistics Africa (Pty) Ltd High court accepted the task was to determine the characterisation of the most probable agreement in the context of terminating a master service agreement . "The answer to the latter enquiry will...

Compulsory arbitration agreement: compliance required

by GilesFiles | Dec 13, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Arbitration agreement, Cause: contractual breach, Common Law, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Finance, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Private arbitration, Private enterprises, Refused, Review tests, Sectors, Statutes (LRL 2) - work law, staying proceedings and execution, 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...

Salary award misconceived: Set aside on appeal

by GilesFiles | Dec 10, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Capacity, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Government, Granted, Ill health and illness, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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...

Abusing authorised leave: Dishonesty destroyed trust

by GilesFiles | Dec 10, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Courts, Dennis Davis, Dispute Resolution (LRL 3), Granted, Gross misconduct, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade, 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...

Project bonus accrued: Forfeiture not allowed

by GilesFiles | Dec 10, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Cause: contractual breach, Common Law, Construction industry, Courts, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Refused, Review tests, Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, 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...

Substituting demarcation award: LRA s62 when permissible?

by GilesFiles | Dec 10, 2021 | 2020 +, appeal, Appeals, Applications, Bargaining councils, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Demarcations, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Private enterprises, Refused, Retired judges, Review tests, Rules, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics, 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...

Employer harassment liability: Coupled with suspension

by GilesFiles | Dec 10, 2021 | appeal, Appeals, Appointed LC judges, Awards -s145, Bill of Rights, Cause: statute, Common Law, Constructive, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt VI ss 53-65, Employment Equity (LRL 12), Handling of Sexual Harassment, Harassment & bullying, 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, Management, Orders, Orders re costs, Parties, Policies - strategies - tactics, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 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

Disputed severance pay: Reliance on weak authority

Good faith duty: Moonlighting employee

Dispensing with hearing: Lawfully discharged

Master service agreement: No indefinite arrangement

Compulsory arbitration agreement: compliance required

Salary award misconceived: Set aside on appeal

Abusing authorised leave: Dishonesty destroyed trust

Project bonus accrued: Forfeiture not allowed

Substituting demarcation award: LRA s62 when permissible?

Employer harassment liability: Coupled with suspension