GilesFiles Insights

Requirements for interdictory relief: All issues addressed

by GilesFiles | Jun 18, 2025 | 2020 onwards, AJ - General, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, Delict, Free and fair, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Markets in SA, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Refused, Sectors, 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...

Employment Equity Act : Annexures EEA4 and EEA9

by GilesFiles | Jun 14, 2025 | AA - Resources generally, AF - Internal equity external parity, AH05 - EEA, Insights, Job evaluation and grading, Pay differentials, Pay progression, Seven occupational levels, Work Science Institute

Employment Equity Act : Annexures EEA4 and EEA9 Explaining why the current occupational levels are flawed Understanding how occupational levels should apply in practice Recommended seven level structure Levels Performance standards 1 Why Setting the Big Vision...

GNU as political synergy: Translating into sport as well

by GilesFiles | Jun 14, 2025 | AD - Personal archives, AU - ChatGPT, Fun and Games, Insights, Words & phrases

Can it be argued that South Africa's adoption of government via the GNU achieves synergy as well as when it come to sports like rugby and cricket where players of different backgrounds or groups are included? Yes, it can be argued that South Africa’s adoption of...

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

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 law, UK law, and Ontario law in Canada,...

Upholding reinstatement award: Final warning sufficient

by GilesFiles | Jun 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, BC and HOAs, Causes and defences, Community schemes, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Non-profit organisations, Orders, Parties, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings

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...

Occupation specific dispensation: Collective agreement application

by GilesFiles | Jun 5, 2025 | 2020 onwards, Causes and defences, Central, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Management, Objective - correctness, Orders, Parties, Pay differentials, Promotion or demotion, Resolving disputes (LRL 3), Review tests, RGO Lagrange, 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...

Enforcing arbitration award: Jurisdictional issues considered

by GilesFiles | Jun 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, André van Niekerk, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Condonation, Contractual breach, Courts, Declaratory, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Unlawful and void

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...

Employment Equity Bill 2012: Submission by panel

by GilesFiles | Jun 1, 2025 | AB - Law generally, AG - Legal research, AH05 - EEA, AL - ILO, AUD, Bill of Rights, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), False assumptions, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Legislation, Management, Statutes (LRL 2)-work, Termination (LRL 8), Topics

SUBMISSION ON EMPLOYMENT EQUITY AMENDMENT BILL OF 2012 (as introduced by the Minister of Labour (National Assembly)) 19 November 2012 1) A principal purpose of the Bill is to bring the Employment Equity Act (EEA) fully in line with South Africa’s international law...

Breaching picketing rules: Some reinstated retrospectively

by GilesFiles | May 28, 2025 | 2020 onwards, 64-77 Strikes, AB1 - Fairness principle or concept, André van Niekerk, Appeals, Appeals - leave, Balancing interests, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Conduct - gross, Contractual breach, Courts, Declaratory, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance

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...

Registration requirements considered: Comply and apply again

by GilesFiles | May 26, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, ERelations (LRL 1), ILO Convention 187, Insights, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 06: 95-111 Unions, LRA 1995, Orders, Organisations (LRL 4), Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade, Trade unions, 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...