Paul Benjamin Archives

Imssa conference photo: Circa 1986

by GilesFiles | Dec 14, 2019 | AC - IMSSA memoirs, Insights, John Murphy, Judges | 0 |

Some of the persons in the photo in no particular order and others to be added soon (still searching memory and seeking assistance): Justice John Murphy, Paul Pretorius SC, Mark Antrobus, John MacRobert, Charles Nupen, Bontle...

Reinstatement back pay: Settlement agreement interpreted

by GilesFiles | Jun 17, 2016 | 2016, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 1995, Settlement agreements, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

The Labour Court reviewed and refused to set aside an award concerning a settlement agreement concluded more than 5 years ago and having the effect of awarding back pay of about R18 million to 47 reinstated employees. The award...

Whistleblowing: New rights s 188A of LRA

by GilesFiles | Apr 5, 2016 | 2016, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Practices (LRL 9), Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, Topics | 1 |

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,...

Community health workers: Employees not contractors

by GilesFiles | Mar 18, 2016 | 2016, Central, Courts, Judges, Labour Court, Labour Court judges, LRA 1995, Municipal, Parties, Provincial, Reforms required, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, Topics, Words & phrases | 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,...

Bargaining council jurisdiction: Choice discussed not CCMA

by GilesFiles | Jan 15, 2015 | 2015, Courts, F Kathree-Setiloane, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 144 and 165 rescissions, LRA 1995, Orders, Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

Qibi /Quibe v Joy Global Africa (Pty) Ltd; In re: Joy Global Africa (Pty) Ltd v CCMA (JA 119/13) [2015] ZALAC 1; [2015] 4 BLLR 415; (2015) 36 ILJ 1189; [2015] JOL 32728 (LAC) (15 January 2015) per Kathree-Setiloane AJA. LAC...

CCMA assessed: Paul Benjamin for ILO

by GilesFiles | Apr 11, 2013 | AH - Labour Legislation & Rules, AH01b - CCMA Rules archived, CCMA awards, Courts, ERelations (LRL 1), ILO Conventions, Insights, philosophy / economics, Thought Leaders, Topics | 0 |

‘This paper is one in a series of national studies that examine how certain high performing dispute resolution institutions have responded to the changing nature of workplace disputes with a view to informing future...

Labour market flexibility

by GilesFiles | Jul 1, 2009 | Reforms required | 0 |

In response to Professor Paul Benjamin’s opinion “Bend debate around labour flexibility back to the facts” posted on 29 June 2009 a letter from Penny Abbott appeared in BusinessDay today “Labour fairly...

Debate labour flexibility: Back to the facts

by GilesFiles | Jun 29, 2009 | CCMA awards, Collective Bargaining (LRL 5), Courts, ILO Conventions, Reforms required | 1 |

In an important article with the above title in BusinessDay today Professor Paul Benjamin has correctly drawn attention to the need to have regard to the facts when assessing the flexibility of the labour market in South...

Paul Benjamin’s take on Kylie

by GilesFiles | Mar 15, 2009 | Bill of Rights, Dignity equality freedom, Fun and Games, Legislation, Parties, Personal services, Private enterprises, Sectors, Thought Leaders, Topics | 1 |

Professor Paul Benjamin has graciously consented to allow GilesFiles to reproduce (perhaps a word that should also be banned?) his tongue in cheek (oops) contribution to the SASLAW September 2008 Newsletter in response to...

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