No work no pay Archives

Participating in gross misconduct: Violent protest and hostages

by GilesFiles | Jul 17, 2024 | 2020 onwards, 64 Strikes/lockouts, 68 strike unprotected, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct - gross, Conduct & capacity, Contractual breach, Courts, Delict, Derivative action, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, 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,...

Salary deductions considered: Exceptions not applicable

by GilesFiles | Jun 21, 2023 | 2020 onwards, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Provincial, Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

Self-help re deductions: BCEA s34(5) considered

by GilesFiles | Aug 5, 2022 | 2020 onwards, Costs, Courts, High Court, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Workplace exclusion considered: Deductions lockout?

by GilesFiles | Jul 12, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Policies - all, Provincial, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Alleged lockout explained: Deductions considered

by GilesFiles | Jul 12, 2022 | 2020 onwards, 64 Lockout, 64-77 Strikes, 65 limitations, Applications, BCEA 1997 (LRL 10), Causes and defences, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Provincial, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Pay during lockdown: Specific performance claim

by GilesFiles | Jan 24, 2022 | 2020 onwards, 64-77 Strikes, Applications, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Exceptions/special pleas, Finance, H Rabkin-Naicker, Impossibility or illegality, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Risks, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Ultimatum ensured return: Right to dismiss waived

by GilesFiles | Oct 1, 2020 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Collective Bargaining (LRL 5), Conduct & capacity, Courts, Declaratory, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, Mining, Orders, Parties, Reinstatement, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Warnings | 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 pay deductions: No work no pay

by GilesFiles | Nov 22, 2018 | 2018, André van Niekerk, BCEA 1997 (LRL 10), Causes and defences, Courts, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Provincial, Sectors, Statutes (LRL 2)-work, 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,...

Lawyers representing themselves: Foolish clients

by GilesFiles | Jan 31, 2017 | 2017, BCEA 1997 (LRL 10), Causes and defences, Insights, Labour Court, Statutory, Topics | 0 |

M v Minister of Justice and Constitutional Development and Correctional Services (JS708/14) [2017] ZALCJHB 48 ; [2017] 10 BLLR 1062; (2017) ILJ 1675 (31 January 2017) per Cele J. Labour court refused to grant two advocates any...

Rewarding shop stewards: No work no pay

by GilesFiles | Oct 23, 2014 | 2014 and earlier, 67 protected strike, Allowed, Appeals, Appeals - leave, B Waglay, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Government, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Municipal, Orders, P Coppin, Parties, Sectors, State organs, Statutes (LRL 2)-work, Topics | 3 |

Ekurhuleni Metropolitan Municipality v Samwu (JA12/13) [2014] ZALAC 61; [2015] 1 BLLR 34; (2015) 36 ILJ 624; [2014] JOL 32440 (LAC) (23 October 2014) per Coppin AJA (Tlaletsi DJP concurring and Waglay JP also concurring but for...

Tag: No work no pay