Advisory awards Archives

Advisory award considered: Sovereign immunity

by GilesFiles | Mar 16, 2023 | 2020 onwards, Associations/corporates, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 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,...

Advisory arbitration award: Numerous demands

by GilesFiles | Mar 9, 2023 | 2020 onwards, 64-77 Strikes, 65 limitations, 68 strike unprotected, André van Niekerk, Applications, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Orders, Parties, Private security, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 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,...

Hypothetical approach examined: Wages of firefighters

by GilesFiles | Oct 21, 2022 | 2020 onwards, 64-77 Strikes, Agriculture, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Collective Bargaining (LRL 5), Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, F Kathree-Setiloane, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Review tests, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Terms & conditions, Topics | 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,...

Breaching collective agreement: Unprotected strike action

by GilesFiles | Nov 8, 2021 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Applications, Causes and defences, Collective Bargaining (LRL 5), Costs, Costs not awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, Urgency | 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,...

Advisory award compulsory: LC issued directive

by GilesFiles | Sep 8, 2021 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Applications, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, MPN Nkutha-Nkontwana, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade unions, Urgency | 0 |

Macsteel Service Centres SA (Pty) Ltd v Numsa Having found that it was compulsory to provide an advisory award the labour court decided to exercise the powers conferred in terms of s 158(1)(a)(iii) of the LRA and direct the...

Dispute resolution process: Adjudication and arbitration

by GilesFiles | Jun 28, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, Disallowed, Exceptions/special pleas, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Specific performance, Supreme Court of Appeal, Topics | 0 |

Sasol SA (Pty) Ltd v Murray & Roberts Ltd Dispute resolution process explained and high court confirmed that ‘the adjudicator’s decision is binding on the parties unless and until revised by the tribunal and is...

Levy payments absolved: Unlawful resolution?

by GilesFiles | Apr 22, 2020 | 2020 onwards, Applications, BC and HOAs, Community schemes, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Body Corporate of Bains Game Lodge v Bainsvlei Lodges (Pty) Ltd In considering whether owners could be absolved from levy payments the high court decided that ‘the interlocutory order sought would not push this matter or...

Strikers denied compensation: Dismissal procedure unfair

by GilesFiles | Nov 29, 2019 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Agriculture, Applications, Courts, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, philosophy / economics, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Warnings | 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,...

Industrial action amendments: Strategy and tactics

by GilesFiles | Jul 3, 2019 | 64-77 Strikes, 65 limitations, 67 protected strike, 68 strike unprotected, AB - Law generally, Access to information, Collective Bargaining (LRL 5), Disputes: factual, ERelations (LRL 1), Insights, Interdicts & rules, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, philosophy / economics, Statutes (LRL 2)-work, Topics | 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,...

Labour laws promulgated: Acts commenced recently

by GilesFiles | Apr 10, 2019 | AH03 - LRA Rules, AJ - General, BCEA 1997 (LRL 10), ERelations (LRL 1), Insights, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Statutes (LRL 2)-work, Topics | 0 |

For ease of reference the labour laws promulgated recently with the dates of commencement are provided herewith. BASIC CONDITIONS OF EMPLOYMENT AMENDMENT ACT NO. 7 of 2018 [ASSENTED TO 23 NOVEMBER 2018] [DATE OF COMMENCEMENT: 1...

Contempt of court context: Violent unlawful conduct

by GilesFiles | Nov 23, 2017 | 2017, 68 strike unprotected, Anton Steenkamp, Collective action, Contempt, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), Parties, 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,...

Bargaining advisory award: Required process

by GilesFiles | Nov 6, 2015 | 2015, 64 Lockout, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Appeals, Collective Bargaining (LRL 5), Courts, Disputes: right or interest, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Organisations (LRL 4), Statutes (LRL 2)-work, Topics | 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: Advisory awards