GilesFiles Insights

Extending main agreement: Majoritarianism & collective bargaining

by GilesFiles | Nov 13, 2025 | 2020 onwards, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs not awarded, Courts, Declaratory, Disallowed, Free and fair, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 1995, Markets in SA, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, Transport & communication

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...

Founding of ILO 1919: Ratification of Conventions

by GilesFiles | Nov 10, 2025 | AA - Resources generally, AL - ILO, AU - ChatGPT, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, Insights

South Africa was a founder member of the ILO in 1919. But USA only joined in about 1934 and failed or refused to adopt most Conventions arguing that there were 50 states and it was not possible to get agreement from them all. Is that correct? You are broadly correct,...

Disregarding procedural rules: Disallowed appeal

by GilesFiles | Nov 4, 2025 | 2020 onwards, AH02a - LC rules current, AH07 - Practive Manual, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, LC-Practice Manual, Legal Practice, Legislation, LRA 01: 1-3 Purpose, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics

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 restraint agreement: Requirements established

by GilesFiles | Nov 3, 2025 | 2020 onwards, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, granted, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Orders, Parties, Private enterprises, Protectable interests, RN Daniels, Rules Codes & Manual, Sectors, Topics, Trade restraints, Transport & communication

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...

Just and equitable remedy: In all the circumstances

by GilesFiles | Nov 2, 2025 | AB - Law generally, AU - ChatGPT, Compensation or damages, Costs not awarded, Fair procedure, Insights, LRA 193, LRA 194

Just and equitable remedy: In all the circumstances N v SA Mint (Rf) (Pty) Ltd (JS475/2022) [2024] ZALCJHB 445; (2025) 46 ILJ 964 (LC) (4 November 2024) per R Itzkin AJ. Excerpt regarding awarding compensation ito ss 193-195 of LRA [and possibly relevant to costs as...

Increased life expectancy: Medical field boom

by GilesFiles | Nov 1, 2025 | AA - Resources generally, AU - ChatGPT, Insights

It can be argued that increased life expectancy has contributed to a boom in the medical field, but it’s important to frame it carefully and support it with reasoning. The increasing life expectancy of populations worldwide has been a major driver of growth in the...

TASK agreement back-pay: Standing and granted relief

by GilesFiles | Oct 31, 2025 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics, Work Science Institute

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Averments and artificial distinction: Reasonable appeal prospects

by GilesFiles | Oct 30, 2025 | 2020 onwards, AH07 - Practive Manual, Appeals, Appeals - leave, Causes and defences, Conduct unbecoming, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC-Practice Manual, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication

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...

Interdicts and ancillary claims: Restraint remains enforceable?

by GilesFiles | Oct 27, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Common law, Contractual breach, Costs awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints, Words & phrases

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...

Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics

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...