freedom of association Archives

Registration requirements considered: Comply and apply again

by GilesFiles | May 26, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, ERelations (LRL 1), ILO Convention 187, Insights, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 06: 95-111 Unions, LRA 1995, Orders, Organisations (LRL 4), Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade, Trade unions, Work Science Institute | 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,...

Genuine trade union: Registration ordered

by GilesFiles | Jun 21, 2023 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, ILO Convention 087, ILO Conventions, ILO’s supervisory bodies, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 01: 1-3 Purpose, LRA 02: 4-10 FOA, LRA 03: 11-63 Bargain, LRA 06: 95-111 Unions, LRA 1995, Objective - correctness, Orders, Organisations (LRL 4), Parties, Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 0 |

Simunye Workers Forum v Registrar of Labour Relations What are requirements for registration given changing nature of work and a ‘modern’ genuine independent trade union? “[39] In summary: the appellant has a...

Agency fee deductions: Different purposes served

by GilesFiles | May 28, 2020 | 2020 onwards, Appeals, Appeals - leave, Courts, Declaratory, Disallowed, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Orders, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2)-work, 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,...

Sectoral determination exemption: Cut-off date?

by GilesFiles | May 22, 2020 | 2020 onwards, BCEA 1997 (LRL 10), Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Pension & retirement funds, Roland Sutherland, 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,...

Trade union constitution: Scope and eligibility

by GilesFiles | Mar 26, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Disallowed, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Logistics, LRA 02: 4-10 FOA, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Orders, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2)-work, 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,...

Clothing policy unreasonable: Cannot prohibit union t-shirts

by GilesFiles | Oct 31, 2018 | 2018, André van Niekerk, Courts, Decl Philadelphia 1944, ILO Convention 187, Judges, Labour Court, Labour Court judges, 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,...

Majoritarian system contrasted: Freedom of association

by GilesFiles | Feb 21, 2017 | 2017, 2017, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Labour Relations, Landmark judgments, Legality principle, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, philosophy / economics, Retired judges, Sectors, Statutes (LRL 2)-work, 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,...

Trade union recognition: rights and agency

by GilesFiles | Sep 29, 2016 | Collective Bargaining (LRL 5), ERelations (LRL 1), philosophy / economics, Trade unions | 2 |

There is no ‘duty to bargain’ nor to ‘recognise’ a trade union in South Africa....

U.S. Supreme Court: Affirmative action & free association

by GilesFiles | Oct 13, 2015 | Bill of Rights, Discrimination (LRL 11), Employ Equity (LRL 12), Equal outcomes, Insights, Labour Relations, Organisations (LRL 4), Parties, philosophy / economics, Topics, Trade unions | 1 |

The latest term that started on Monday 5 October 2015 has an interesting theme according to a report on Bloomberg. It seems that conservatives are using traditionally liberal constitutional tools to try and prohibit government...

Collective agreement: Minister’s invalid extension

by GilesFiles | Dec 17, 2014 | 2014 and earlier, André van Niekerk, Associations/corporates, Bargaining councils, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Courts, ERelations (LRL 1), Free and fair, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legality principle, LRA 1995, Parties, Review tests, Sectors, Statutes (LRL 2)-work, Thought Leaders, 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,...

Collective agreement: battle continues over extention

by GilesFiles | Dec 3, 2014 | Associations/corporates, Bargaining councils, Collective Bargaining (LRL 5), ERelations (LRL 1), Labour Relations, LRA 1995, Parties, Sectors, Statutes (LRL 2)-work, 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,...

Bargaining council: Issues re LRA s 32

by GilesFiles | Dec 1, 2014 | 2014 and earlier, Associations/corporates, Bargaining councils, Collective Bargaining (LRL 5), Courts, ERelations (LRL 1), Judges, Labour Court, Labour Relations, LRA 1995, Organisations (LRL 4), Statutes (LRL 2)-work, Topics, Trade unions | 1 |

Neasa v MEIBC (J2616/14, J2339/14) [2014] ZALCJHB 477; [2015] 2 BLLR 157 (LC) per Rabkin-Naicker J. LC summary: Urgent applications to interdict request to the Minister to extend a collective agreement to non-parties in terms of...

Tag: freedom of association