facilitation Archives

Supervisory role over procedure: Sec 189A(13) LRA

by GilesFiles | Mar 19, 2026 | 2020 onwards, Applications, Bumping, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, 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,...

Interdicting protected strike: Why was protection not lost?

by GilesFiles | Jan 28, 2025 | 2020 onwards, 64-77 Strikes, 67 protected strike, 68 strike unprotected, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), 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,...

Conciliate after facilitation: Because dispute still exists

by GilesFiles | Sep 10, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Restructuring, Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, 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,...

Substantially fair terminations: Bumping and selection criteria

by GilesFiles | May 27, 2024 | 2020 onwards, 64 Lockout, André van Niekerk, Appeals, Appeals - leave, Bumping, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Restructuring, 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,...

Unprotected strike action: Defective strike notice

by GilesFiles | May 13, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, Applications, Causes and defences, Central, Collective action, Collective Bargaining (LRL 5), Confirmed, Contractual breach, Costs, Courts, Declaratory, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-old, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Operational reasons, Orders, Parties, Refused, RGO Lagrange, Rule nisi, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Retrieving archived file: Pointless exercise

by GilesFiles | Apr 24, 2024 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC-Practice Manual, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 1995, MR Makhura, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Job grading process: Unprotected strike interdicted

by GilesFiles | Jun 7, 2022 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, Agriculture, André van Niekerk, Applications, Causes and defences, Collective Bargaining (LRL 5), Confirmed, Costs, Costs not awarded, Courts, Declaratory, Disputes: right or interest, EEA 1998, EEA Chpt II ss 5-11, Granted, Insights, Interdicts & rules, Interpretation etc, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Management, Manufacturing, Orders, Parties, Private enterprises, Rule nisi, Sectors, 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,...

Virtual consultation process: Procedural unfairness?

by GilesFiles | May 28, 2020 | 2020 onwards, Applications, Courts, GN Moshoana, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Operational reasons, Parties, Private enterprises, Refused, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Collective bargaining: Radical legislative reform needed (John Brand)

by GilesFiles | Sep 29, 2011 | Collective Bargaining (LRL 5), Reforms required | 0 |

These extracts are from John Brand’s important article. The article first appeared in Business Day today – Industrial relations – Break the vicious cycle of violent, lose-lose strike action. John Brand is a collective...

Mediate before adjudication: Labour Court directive?

by GilesFiles | Nov 24, 2010 | Collective Bargaining (LRL 5), philosophy / economics, Words & phrases | 7 |

Labour Court Judges may direct “a mediation meeting before a Judge in chambers” [see 8.2.1.3 of the Consolidated Practice Directive 2010 dated 15/09/2010]. How will this work in practice, and is it intended that the Judge who...

Tag: facilitation