LRA 213 Archives - GilesFiles

Independent contractor or employee: Section 200A of LRA

by GilesFiles | Nov 17, 2025 | 2020 onwards, Causes and defences, Costs not awarded, Courts, Declaratory, Disputes: right or interest, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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,...

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 | 0 |

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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 | 0 |

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Questioning union’s genuineness: Registration approved

by GilesFiles | Nov 29, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Common law, Costs, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 06: 95-111 Unions, LRA 09: 198-213 General, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Maintaining necessary threshold: Tacit and implied terms

by GilesFiles | Sep 6, 2024 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, Associations/corporates, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Demarcations, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Thresholds, Topics | 0 |

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Reviewing jurisdictional issues: Award set aside

by GilesFiles | Mar 4, 2024 | 2020 onwards, Causes and defences, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Personal services, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Disputed employment relationship: Clerk of Works

by GilesFiles | Feb 12, 2024 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 197 - transfers, MR Makhura, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Substantive wage agreement: Lawful and valid

by GilesFiles | Nov 22, 2023 | 2020 onwards, Applications, Causes and defences, Central, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, Government, High Court, High Court judges, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Sectors, Specific performance, State organs, Statutory, Topics | 0 |

Psa (Public Servants Association) v SARS Substantive wage agreement “[1] This case revolves around the lawfulness, or otherwise, of a Substantive Wage Agreement entered into between the First Respondent and some of its...

Genuine trade union: Registration ordered

by GilesFiles | Jun 21, 2023 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, ILO Convention 087, ILO Conventions, ILO’s supervisory bodies, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 01: 1-3 Purpose, LRA 02: 4-10 FOA, LRA 03: 11-63 Bargain, LRA 06: 95-111 Unions, LRA 1995, Objective - correctness, Orders, Organisations (LRL 4), Parties, Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 0 |

Simunye Workers Forum v Registrar of Labour Relations What are requirements for registration given changing nature of work and a ‘modern’ genuine independent trade union? “[39] In summary: the appellant has a...

Extending collective agreement: Invalid agreement?

by GilesFiles | May 4, 2023 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 1995, MZN Lallie, Objective - correctness, Orders, Parties, Private enterprises, Regulations, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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,...

Invalid investment rule: Retirement fund benefits

by GilesFiles | Feb 20, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, High Court, High Court judges, Interpretation etc, Judges, Labour Relations, Legal Practice, Legality principle, Municipal, Orders, Parties, Pension & retirement funds, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Trade union constitution: Implied or tacit terms?

by GilesFiles | Jul 28, 2022 | 2020 onwards, Appeals - leave, Applications, Causes and defences, Collective Bargaining (LRL 5), Conduct & capacity, Costs, Costs not awarded, Courts, Disallowed, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, leave to appeal, Legal Practice, LRA 02: 4-10 FOA, LRA 06: 95-111 Unions, LRA 07: 112-184 Dispute, LRA 1995, Orders, Organisations (LRL 4), Parties, Personal services, Sectors, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Terms & conditions, Topics, Trade unions | 0 |

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,...

Tag: LRA 213