GilesFiles Insights

Reviewing private arbitration: Hay Grading System

by GilesFiles | Sep 5, 2025 | 2020 onwards, AF - Internal equity external parity, Causes and defences, Central, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Management, Orders, Parties, Private arbitration, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics, Work Science Institute

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...

Applying court rules: Discretionary powers?

by GilesFiles | Sep 5, 2025 | 2020 onwards, AH02a - LC rules current, Applications, Causes and defences, Courts, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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...

Good practice code: Termination of employment

by GilesFiles | Sep 4, 2025 | AA - Resources generally, AH08 - Good Practice, Insights

CODE OF GOOD PRACTICE: DISMISSAL Government Gazette 4 September 2025: No 53294 Part A - Introduction. Purpose. Interpretation. Small businesses. Part B- Dismissal Dismissal. Part C- Fair dismissal Fairness. Part D- Misconduct Disciplinary measures. Fair reason for...

Contempt proceedings initiated: Minister breaching settlement?

by GilesFiles | Sep 3, 2025 | 2020 onwards, AH05 - EEA, AL - ILO, Applications, Causes and defences, Central, Contempt, Contractual breach, Courts, EEA 1998, Granted, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 1995, Orders, Parties, philosophy / economics, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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...

Reviewing arbitration awards: Risk management response

by GilesFiles | Sep 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Management, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence

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...

Suspension of statutory powers: Interdictory relief inappropriate

by GilesFiles | Aug 28, 2025 | 2020 onwards, AH05 - EEA, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Regulations, Employ Equity (LRL 12), Free and fair, GN Moshoana, Government, High Court, High Court judges, ILO Convention 111/1958, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Manufacturing, Markets in SA, Orders, Parties, Refused, Refused, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trade unions

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 court’s jurisdiction: Employment contracts generally

by GilesFiles | Aug 22, 2025 | 2020 onwards, AB - Law generally, AH10 - BCEA, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Logistics, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RN Daniels, Sectors, Statutes (LRL 2)-work, Statutory, 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...

Unlawful collective agreement: Interference with governance

by GilesFiles | Aug 21, 2025 | 2020 onwards, 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA 09: 198-213 General, LRA 1995, Management, Managerial prerogative, Markets in SA, Orders, Parties, Pension & retirement funds, Personal services, philosophy / economics, Resolving disputes (LRL 3), Review tests, RM Keightley, SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, 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...

Suspension pending appeal: Order remaining operative?

by GilesFiles | Aug 19, 2025 | 2020 onwards, Agriculture, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Topics, Trade restraints, Urgency

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...

Operational necessity justification: Trust relationship eroded

by GilesFiles | Aug 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Granted, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence

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...