SARS Archives - GilesFiles

Substantive wage agreement: Lawful and valid

by GilesFiles | Nov 22, 2023 | 2020 onwards, Applications, Causes and defences, Central, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, Government, High Court, High Court judges, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Sectors, Specific performance, State organs, Statutory, Topics | 0 |

Psa (Public Servants Association) v SARS Substantive wage agreement “[1] This case revolves around the lawfulness, or otherwise, of a Substantive Wage Agreement entered into between the First Respondent and some of its...

Tax directive considered: No severance benefits

by GilesFiles | Mar 12, 2021 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs punitive, Courts, Exceptions/special pleas, High Court, High Court judges, Insights, Interpretation etc, Judges, Legal Practice, Management, Mutual termination, Orders, Parties, Policies - all, Private enterprises, Res judicata (issue estoppel), Resignations, Sectors, Settlement agreements, Termination (LRL 8), Topics | 0 |

T v Exclusive Books Group (Pty) Ltd Tax directive considered by high court and decided that employment was not terminated because of reaching 55 years of age and therefore his receipt of the money had nothing to do with his age...

Abominable abusive action: Punitive costs awarded

by GilesFiles | Dec 11, 2018 | 2018, 2018, Causes and defences, Central, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs punitive, Courts, Fair procedure, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legal Practice, Notice requirements, Recusal, Sectors, State Owned Enterprises, Termination (LRL 8), Topics, Trust & confidence | 0 |

Moyane v Ramaphosa Abominable abusive action and allegations attacking the integrity of a number of important national figures suitably punished with an award of costs on a punitive scale. “The primary relief that...

Absconding for 5 days: Code justified dismissal?

by GilesFiles | Feb 16, 2017 | 2017, Appeals, Appeals - leave, B Waglay, BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Fair procedure, Government, Insubordination and defiance, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Notice requirements, Operation of law, Orders, Parties, Performance, Policies - all, Review tests, Risks, Sectors, State organs, 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,...

National minimum wage: Create commission

by GilesFiles | Nov 21, 2016 | BCEA 1997 (LRL 10), Insights, Labour Relations, Parties, philosophy / economics, Reforms required, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Reverse waiver if against public policy

by GilesFiles | Nov 15, 2016 | 2016, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, Judges, Legal Practice, MTR Mogoeng, Parties, Public policy, Reforms required, State Owned Enterprises, Topics | 0 |

“The reversal of the decision not to appeal happened within a very short period of three days, unlike in SANDU where there was a lapse of two weeks and the peremptor was nevertheless allowed to appeal. The central feature of...

Balancing party interests: Fair go all round

by GilesFiles | Nov 8, 2016 | 2016, BCEA 1997 (LRL 10), Cause of action defined, Lawfulness & fairness, MTR Mogoeng, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Words & phrases | 3 |

South African Revenue Service v CCMA (CCT19/16) [2016] ZACC 38 (8 November 2016) per Mogoeng CJ (Nkabinde ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ and Zondo J concurring): The...

Historical debt and arbitrary deprivation of property

by GilesFiles | Nov 7, 2016 | 2016, Bill of Rights, Community schemes, Courts, High Court, High Court judges, Judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Topics | 0 |

Jordaan v City of Tshwane Metropolitan Municipality; New Ventures Consulting & Services (Pty) Ltd v City of Tshwane Metropolitan Municipality; Livanos v Ekurhuleni Metropolitan Municipality; Oak Plant Rentals (Pty) Ltd v...

Senior management discipline: Right to protect business

by GilesFiles | Nov 4, 2016 | AB1 - Fairness principle or concept, Courts, Dennis Davis, Insights, State Owned Enterprises, Termination (LRL 8), 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,...

Employer must review plea-bargain not award

by GilesFiles | Aug 25, 2016 | 2016, Bill of Rights, Central, Courts, John Murphy, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Parties, Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Topics | 0 |

The LC refused the employer’s application to review an arbitral award ito s 145 of the LRA. In terms of the award the employee was reinstated. The employer had ‘interfered’ with a plea-bargain arrangement and dismissed the...

Urgent applications: Dispensing with forms and service

by GilesFiles | May 3, 2016 | 2016, Edwin Tlhotlhalemaje, Legal Practice, Miscellaneous, State Owned Enterprises, Urgency | 0 |

Urgent applications allow the usual forms and service to be dispensed with and the Court may dispose of them ‘as to it seems meet’. This permits the forging of special rules which must, as far as practicable, be in accordance...

Risk management: Reversing disciplinary decision

by GilesFiles | Dec 8, 2015 | 2015, Courts, Dennis Davis, Judges, Labour Appeal Court, LAC judges, Risks, Roland Sutherland, State Owned Enterprises | 2 |

Disciplinary codes and procedures need to be carefully drafted to ensure that senior management has the final say when enforcing standards of behaviour and performance. The employee made an unacceptable racist remark. He...

Tag: SARS