facilitator Archives

Costs de bonis propriis: Making it up

by GilesFiles | May 18, 2023 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, André van Niekerk, Applications, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Manufacturing, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Suspensions, 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,...

Operational requirements dismissal: Outsiders chosen?

by GilesFiles | Jan 16, 2023 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Disallowed, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Management, Operational reasons, Orders, Parties, Performance, Private enterprises, Review tests, Risks, Roland Sutherland, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, 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,...

Execution order granted: Pending appeal outcome

by GilesFiles | Jan 4, 2023 | 2020 onwards, Applications, BM Whitcher, Costs, Courts, Declaratory, ERelations (LRL 1), ex parte, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 06: 95-111 Unions, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Orders, Parties, Rules Codes & Manual, Sectors, State organs, 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,...

Apprehension of irreparable harm: Well-grounded?

by GilesFiles | May 30, 2022 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Central, Costs, Costs awarded, Courts, Damages, Declaratory, Evidence & onus, Government, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Personal services, Refused, Regulations, Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, staying proceedings, Topics, Urgency | 0 |

E v The Health Professionals Council of SA When is there a genuine apprehension of irreparable harm that requires a court to stay an investigation into alleged unethical conduct? “[43] All of this leads me to conclude that...

Adjudicating before conciliation: Exception to general rule?

by GilesFiles | May 6, 2022 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, Applications, BCEA 1997 (LRL 10), Causes and defences, Condonation, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Special pleas, 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,...

Guarding consultation process: Collective agreement explained

by GilesFiles | Jun 4, 2021 | 2020 onwards, André van Niekerk, Applications, Causes and defences, Central, Collective Bargaining (LRL 5), Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Operational reasons, Orders, Parties, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, Topics, 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,...

Disputing consensus process: Not a sham and fair

by GilesFiles | Jun 4, 2021 | 2020 onwards, André van Niekerk, Applications, Central, Costs, Courts, Evidence & onus, Government, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Refused, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Appointing facilitator considered: CCMA and consultation

by GilesFiles | Sep 2, 2020 | 2020 onwards, Applications, Courts, Edwin Tlhotlhalemaje, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, 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,...

Mandatory interdict refused: Supply chain management

by GilesFiles | Sep 25, 2019 | 2019, Causes and defences, Courts, High Court, High Court judges, Interdicts & rules, Judges, Legal Practice, 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,...

Setting aside settlement: Dismissal of municipal manager

by GilesFiles | Aug 13, 2019 | 2019, Causes and defences, Common law, Conduct & capacity, Courts, Declaratory, Exceptions/special pleas, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Municipal managers, Orders, Parties, Provincial, Review tests, Sectors, Settlement agreements, State, Statutes (LRL 2)-work, Suspensions, 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,...

Civil engineering & construction: Power-play discussed

by GilesFiles | Jul 9, 2009 | 68 strike unprotected, Collective Bargaining (LRL 5), Construction industry, Disputes: right or interest, Insights, LRA 04: 64-69 Power plays (LRL 6), Organisations (LRL 4), Termination (LRL 8), Trade unions | 0 |

BusinessDay today has a report by Bheki Mpofu Minister steps in to try (to) end strike, but it not clear what role the Minister intends to play as he is unlikely to be regarded as a neutral mediator or third party. The...

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