Organisational rights Archives

Terminating collective agreement: Acquired via settlement?

by GilesFiles | Mar 3, 2026 | 2020 onwards, Applications, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Orders, Organisations (LRL 4), Parties, Personal services, Refused, Resolving disputes (LRL 3), Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics, Universities and schools | 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 strike action: Rule confirmed in part

by GilesFiles | Aug 1, 2025 | 2020 onwards, 64-77 Strikes, 67 protected strike, Applications, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Disputes: right or interest, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 09: 198-213 General, LRA 198 Temporary employment services, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Organisational rights considered: Withdrawal ruling upheld

by GilesFiles | Mar 4, 2024 | 2020 onwards, 64-77 Strikes, 65 limitations, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Closed shop agreement: Unprotected strike interdicted

by GilesFiles | Oct 24, 2023 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, Applications, Causes and defences, Collective Bargaining (LRL 5), Connie Prinsloo, Costs, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Mining, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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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...

Organisational rights considered: Basis changed?

by GilesFiles | Mar 13, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Mining, Objective - correctness, Orders, Organisations (LRL 4), Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Workplace ambit and scope: Place or category?

by GilesFiles | Dec 8, 2022 | 2020 onwards, Causes and defences, Collective Bargaining (LRL 5), Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, 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 09: 198-213 General, LRA 1995, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Delict, Disallowed, Exceptions/special pleas, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, M Madlanga, Orders, Parties, Review tests, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Security arrangements considered: Stay discretion exercised

by GilesFiles | Oct 15, 2021 | 2020 onwards, André van Niekerk, Applications, Collective Bargaining (LRL 5), Costs, Costs not awarded, Courts, Declaratory, 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, Mining, Orders, Parties, Rules Codes & Manual, Sectors, Security s145, Statutes (LRL 2)-work, staying proceedings, Topics, Trade unions, Urgency | 0 |

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Closed shop agreement: Verification exercise

by GilesFiles | Aug 28, 2021 | 2020 onwards, Applications, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Edwin Tlhotlhalemaje, Evidence & onus, Exceptions/special pleas, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 02: 4-10 FOA, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Sectors, Special pleas, 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,...

Trade union membership: Organisational rights threshold

by GilesFiles | Nov 13, 2020 | 2020 onwards, Appeals, Appeals - leave, Courts, Disallowed, Evidence & onus, Exceptions/special pleas, F Kathree-Setiloane, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Organisations (LRL 4), Parties, Review tests, Sectors, Sidumo - see also awards s 145, Special pleas, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Agency shop agreement: Terminated on notice

by GilesFiles | Oct 22, 2020 | 2020 onwards, Applications, Collective Bargaining (LRL 5), Courts, Declaratory, Finance, Interdicts & rules, 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, Orders, Organisations (LRL 4), Parties, Refused, 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,...

Tag: Organisational rights