GilesFiles Insights

Aligning 7 occupational levels: Rugby team analogy

by GilesFiles | May 22, 2025 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights, Management, Seven occupational levels

Converting current controversial seven occupational levels to comply with concepts of equity and fairness Aligning 7 occupational levels with positions in a rugby team is a fun and meaningful way to illustrate how roles in an organization correspond to different...

Breaching public policy: Post-employment restraint

by GilesFiles | May 19, 2025 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade restraints

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...

Law science and medicine: Major academic & professional disciplines

by GilesFiles | May 16, 2025 | AB - Law generally, AU - ChatGPT, Insights, Work Science Institute

The major academic and professional disciplines—law, science, and medicine—are each distinct in their methods, goals, subject matter, and approaches to knowledge. Here's a breakdown of what distinguishes them: Law Purpose: To regulate human behaviour and resolve...

Automatically unfair dismissal: Two-tier retirement age?

by GilesFiles | May 15, 2025 | 2020 onwards, AL - ILO, Applications, AUD, Automatic, Bill of Rights, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), False assumptions, Fixed-term, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Review tests, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Words & phrases, Work Science Institute

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Refusing amendment application: Wage discrimination dispute

by GilesFiles | May 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Direct and indirect discrimination, Disallowed, EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, Employ Equity (LRL 12), Equal pay and value, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Management, Mining, Non-profit organisations, Objective - correctness, Orders, Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, 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...

Unfair discrimination and differentiation: ILO Convention 111

by GilesFiles | May 14, 2025 | AA - Resources generally, AB - Law generally, AU - ChatGPT, Differentiation not discrimination, ILO Convention 111/1958, ILO Conventions, Insights

Contrast concepts of unfair discrimination and differentiation in employment law in South Africa especially considering Constitution and ILO Convention 111 Unfair Discrimination versus Differentiation in South African Employment Law: A Constitutional and International...

Swift dispute resolution: Inherently urgent in nature

by GilesFiles | May 13, 2025 | 2020 onwards, Causes and defences, Central, Condonation, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, MR Makhura, Orders, Parties, Resolving disputes (LRL 3), Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics

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Branches of law: Main focus areas

by GilesFiles | May 13, 2025 | AA - Resources generally, AU - ChatGPT, Insights

Branches of law 2025 05 13 Branches_of_Law_Summary 1. Criminal Law Purpose: To deal with acts that are considered offenses against society or the state. Who’s involved: The state prosecutes individuals or entities (e.g., the police arrest a suspect, and the state...

Unfair dismissal reason: Validity and fairness concepts

by GilesFiles | May 8, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, ConCourt judges, Conduct & capacity, Conduct unbecoming, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Evidence & onus, False assumptions, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Lawfulness & fairness, leave to appeal, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Protect not punish, Provincial, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void, Warnings, Work Science Institute

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Enforcing settlement agreement: Ostensible authority untenable

by GilesFiles | May 7, 2025 | 2020 onwards, Appeals, Appeals - leave, Authority: Sapiential or delegated, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Local, LRA 1995, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, 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...