employees Archives - GilesFiles

Imprisonment suspends employment: Appeal against dismissal

by GilesFiles | Mar 24, 2017 | 2017, Applications, BCEA 77(3) & 77A(e), Causes and defences, Central, Edwin Tlhotlhalemaje, General, Interpretation etc, Labour Court, Labour Relations, Sectors, 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,...

Co-operatives: Innovative kind of economic enterprise

by GilesFiles | Feb 15, 2017 | 2017, 2017, BM Whitcher, Co-operatives, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legislation, LRA 08a: 185-197B Dismissal, LRA 09: 198-213 General, LRA 1995, Objective - correctness, Parties, philosophy / economics, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 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,...

Dominant contractual consultancy: Terms acceptable

by GilesFiles | Dec 14, 2016 | 2016, 2016, AA Landman, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, Topics | 1 |

Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The appellant appealed against the setting aside...

Uber appealing tribunal ruling: Driver status

by GilesFiles | Oct 28, 2016 | philosophy / economics, Words & phrases | 0 |

It is reported by the media that the UK employment tribunal has decided that the relationship between Uber and its drivers is one of employment despite the contrary contentions of Uber. If that ruling is eventually upheld on...

Community health workers: Employees not contractors

by GilesFiles | Mar 18, 2016 | 2016, Central, Courts, Judges, Labour Court, Labour Court judges, LRA 1995, Municipal, Parties, Provincial, Reforms required, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, Topics, Words & phrases | 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,...

Underlying binding contract: Deeming provision?

by GilesFiles | Jul 28, 2015 | 2015, B Waglay, Causes and defences, Courts, Deceased judges, Dennis Davis, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LRA 09: 198-213 General, LRA 1995, SK Ndlovu, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Universal Church of the Kingdom of God v Myeni The LAC allowed the appeal because there was no underlying binding contract. Despite the mutually agreed relationship the pastor only rendered voluntary devotional service to the...

Dismissal: premature end to coaching contract

by GilesFiles | Apr 21, 2015 | 2015, Appeals, Courts, Judges, Labour Appeal Court, LAC judges, Lawfulness & fairness, Legal Practice, Roland Sutherland, Sectors | 0 |

Thanda Royal Zulu Football Club v Lester NO (DA8/14) [2015] ZALAC 7 (21 April 2015) per Sutherland JA. A soccer coach entered into an employment contract with a Club for one year. The Club ended the contract after three months...

Employment agreements: invalid ‘lay off or agency’

by GilesFiles | Jan 21, 2015 | 2015, Awards -s145 see also Sidumo, LRA 198 Temporary employment services, Objective - correctness, Parties, Statutes (LRL 2)-work, Termination (LRL 8) | 3 |

Kelly Industrial Ltd v CCMA & Edwards NO (JR 1237/13) [2015] ZALCJHB 12 ; [2015] 6 BLLR 606 ; (2015) ILJ 1877 (LC) (21 January 2015) A ‘labour broker’ and temporary service provider argued that the end of an assignment did...

Review jurisdiction: Proof of employment

by GilesFiles | Dec 18, 2014 | 2014 and earlier, Conduct & capacity, Courts, Evidence & onus, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 09: 198-213 General, LRA 1995, Objective - correctness, Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

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,...

Review jurisdiction explained: Proof of employment

by GilesFiles | Nov 27, 2014 | 2014 and earlier, Conduct & capacity, Courts, Judges, Labour Court, Lawfulness & fairness, Legal Practice, Objective - correctness, philosophy / economics, Review tests, Sean Snyman, Seven occupational levels, Termination (LRL 8) | 1 |

Beya v GPSSBC (Dept of Justice & Constitutional Development) (JR1334/2012) [2014] ZALCJHB 467; (2015) 36 ILJ 1553 (27 November 2014) per S Snyman AJ. On review the Labour Court applied the ‘correct test’ and upheld the award...

Labour Court: Cape judgments 2012

by GilesFiles | Nov 6, 2012 | 2014 and earlier, Anton Steenkamp, Courts, Employ Equity (LRL 12), Equal outcomes, Labour Court, Labour Relations, Practices (LRL 9), Promotion or demotion, Settlement agreements, Termination (LRL 8), Topics | 0 |

Courtesy of Saflii it is possible to provide free links to all but one of these recent judgments. Apart from noting the result there are very brief head-notes with references to the applicable sections of the labour statutes....

Protected Disclosures Act, Parliament whistle-blower ?

by GilesFiles | Oct 6, 2010 | Courts, Termination (LRL 8) | 0 |

The episode reeks of a shameful lack of accountability on the part of those who ought to have sided with Charlton

Tag: employees