changing conditions Archives

Alternatives to operational dismissals: Proportionality analysis

by GilesFiles | Dec 10, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Anton Myburgh, Applications, Causes and defences, Contractual breach, Courts, Covid-19 issues, Declaratory, Evidence & onus, False assumptions, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Management, Managerial prerogative, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Work practice: Striking to change

by GilesFiles | Apr 2, 2015 | 2015, 64 Strikes/lockouts, 64-77 Strikes, 67 protected strike, 68 strike unprotected, Anton Steenkamp, Collective action, Labour Court, Labour Relations, LRA 04: 64-69 Power plays (LRL 6) | 0 |

Intercape Ferreira Mainliner (Pty) Ltd v Numsa (C 179/2015) [2015] ZALCCT 22 (2 April 2015) per Steenkamp J. The Labour Court confirmed on the return day of a rule nisi that the intended strike would not be protected. Two bus...

Employees: Where have they all gone?

by GilesFiles | Jan 22, 2013 | 2014 and earlier, Courts, Insubordination and defiance, John Murphy, Judges, Labour Appeal Court, LAC judges, Managerial prerogative, Practices (LRL 9), Termination (LRL 8) | 0 |

‘When will they ever learn’. These words are from the famous song Where have all the flowers gone? composed by Peter Seeger and sung by Peter, Paul and Mary during the Vietnam war. As a result of the latest unanimous...

Flexible working hours: Woolworths’ operational requirements

by GilesFiles | Aug 28, 2012 | Collective Bargaining (LRL 5), Insights, Labour Relations, Organisations (LRL 4), Parties, Sectors, Topics | 0 |

Management must exercise great care when changing so-called conditions of employment, such as working hours. But the courts have accepted that it is unrealistic to force management to honour contracts when the needs of the...

Collective and individual bargaining: Locking out?

by GilesFiles | Nov 6, 2011 | 64 Lockout, Applications, Collective Bargaining (LRL 5), Insights, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), Termination (LRL 8), Topics, Work Science Institute | 1 |

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,...

GilesFiles Updates: 42 judgments October 24, 2009

by GilesFiles | Oct 27, 2009 | 2014 and earlier, André van Niekerk, Courts, Dennis Davis, General, Insights, Labour Appeal Court, LRA 197 - transfers, Management, Policies - all, Retirement, Review tests, Settlement agreements, Termination (LRL 8), Trust & confidence | 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: changing conditions

Alternatives to operational dismissals: Proportionality analysis

Work practice: Striking to change

Employees: Where have they all gone?

Flexible working hours: Woolworths’ operational requirements

Collective and individual bargaining: Locking out?

GilesFiles Updates: 42 judgments October 24, 2009