Levels-bargain and decisions Archives

Valid but unfair reason: Reinstated with limited backpay

by GilesFiles | Oct 2, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Courts, Declaratory, Government, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Transport & communication, Trust & confidence, 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,...

Expanded constitutional scope: No actual change (dissent)

by GilesFiles | Sep 23, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Demarcations, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Changing employment conditions: Absence of proof

by GilesFiles | Sep 5, 2024 | 2020 onwards, Absolution, Applications, Causes and defences, Central, Collective Bargaining (LRL 5), Connie Prinsloo, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Terms & conditions, Topics | 0 |

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Expanded constitutional scope: No actual change

by GilesFiles | May 2, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Demarcations, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), P Coppin, Parties, Review tests, 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,...

Abolishing post and displacement: Reconstructed conclusions?

by GilesFiles | Apr 23, 2024 | 2020 onwards, Applications, Causes and defences, Central, Compensation or damages, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Pleadings: amending, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Words & phrases | 0 |

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Promotion defined and assessed: Pay or grade progression?

by GilesFiles | Mar 1, 2024 | 2020 onwards, AF - Internal equity external parity, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), False assumptions, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Management, Orders, Parties, Pay differentials, Pay progression, Performance, Policies - all, Promotion or demotion, Protect not punish, Review tests, Rules Codes & Manual, Scarce skills allowances, Sean Snyman, Sectors, Selected judges, Seven occupational levels, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Senior management positions: Relevant experience?

by GilesFiles | Apr 3, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, District, Government, HC Uniform, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Management, Municipal managers, Orders, Parties, Performance, Policies - all, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Urgency | 0 |

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Grade progression model: Evaluating job levels

by GilesFiles | Aug 15, 2022 | 2020 onwards, AF - Internal equity external parity, Causes and defences, Collective Bargaining (LRL 5), Conduct & capacity, Costs, Costs not awarded, Courts, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Government, Insights, Job evaluation and grading, Judges, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Objective - correctness, Orders, Parties, Pay progression, Performance, Promotion or demotion, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, Seven occupational levels, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trust & confidence | 0 |

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Plant-level bargaining: Wage demands ultra vires

by GilesFiles | Jun 14, 2022 | 2020 onwards, André van Niekerk, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Management, Objective - correctness, Orders, Organisations (LRL 4), Parties, Review tests, Sectors, Special pleas, 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,...

Bloom taxonomy revised: Educational objectives redefined

by GilesFiles | Nov 1, 2020 | AA - Resources generally, Insights, Management, Performance, Policies - all, Risks, Trust & confidence | 0 |

Recently on 27 October 2020 and in a landmark decision the constitutional court stressed that in an ‘ever-changing economic climate characterised by increasing global competition, operational reasons not only relate to the...

Harassment unacceptable conduct: Dismissal appropriate?

by GilesFiles | Oct 13, 2020 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Conduct - gross, Conduct & capacity, Courts, Disallowed, Evidence & onus, Government, Harass & bully, Insights, Intolerable, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Performance, Policies - all, Provincial, Review tests, Risks, Sectors, Severance pay, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Differentiation rationally justified: Race discrimination?

by GilesFiles | Jan 21, 2020 | AF - Internal equity external parity, CCMA awards, CCMA members, Courts, Declaratory, Differentiation not discrimination, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Insights, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Sectors, Statutes (LRL 2)-work, Topics, Trade unions, Work Science Institute | 0 |

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Tag: Levels-bargain and decisions