must Archives - GilesFiles

Retrospective reinstatement granted: True purpose of LRA?

by GilesFiles | Jan 16, 2024 | 2020 onwards, Causes and defences, Contractual breach, Courts, Declaratory, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Private enterprises, Reinstatement, Review tests, Risks, 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,...

Optimistic era dawns: Labour relations decision

by GilesFiles | Feb 24, 2016 | 2016, AE - Leon Louw, Bargaining councils, Collective Bargaining (LRL 5), Courts, High Court, John Murphy, Judges, Labour Relations, Legislation, LRA 1995, Organisations (LRL 4), PAJA 2000, Parties, Reforms required, Statutes (LRL 2)-work, Thought Leaders, Topics, Words & phrases | 2 |

To the astonishment of all present, presiding judge John Murphy opened the proceedings by saying that the court’s provisional view was that there was no need for the amendment because there was an even better remedy. Its view...

Imperative statutory language: Find the purpose

by GilesFiles | Jan 25, 2016 | Anton Steenkamp, Edwin Cameron, Interpretation etc, Labour Relations, RMM Zondo, Topics, Words & phrases | 0 |

Steenkamp v Edcon Ltd (CCT46/15, CCT47/15) [2016] ZACC 1 (22 January 2016) per Cameron J: [1] to [86] and Zondo J [87] to [195]. An important question that often arises is whether something done contrary to a statutory provision...

Premature termination notice: Invalid or possibly unfair?

by GilesFiles | Jan 22, 2016 | 2016, 64 Strikes/lockouts, 64-77 Strikes, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Disallowed, Exceptions/special pleas, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, LRA 01: 1-3 Purpose, LRA 07: 112-184 Dispute, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Review tests, RMM Zondo, Roman Dutch law, 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,...

Premature termination notice: Minority judgment

by GilesFiles | Jan 22, 2016 | 2016, 64 Strikes/lockouts, 64-77 Strikes, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Disallowed, Edwin Cameron, Exceptions/special pleas, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, LRA 01: 1-3 Purpose, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, Operational reasons, Orders, Parties, Private enterprises, Retired judges, Review tests, Roman Dutch law, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Steenkamp v Edcon Ltd Premature termination notice considered and majority in ConCourt pointed out that when a dismissal is held to be unfair reinstatement is possible but not when it is invalid and this means that employers...

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Retrospective reinstatement granted: True purpose of LRA?

Optimistic era dawns: Labour relations decision

Imperative statutory language: Find the purpose

Premature termination notice: Invalid or possibly unfair?

Premature termination notice: Minority judgment