strike Archives - GilesFiles

Replacements during lockout: When strike ends?

by GilesFiles | Apr 18, 2023 | 2020 onwards, 2020 onwards, 64 Lockout, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, Logistics, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, OL Rogers, Orders, Parties, Practices (LRL 9), Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

Mootness principles applied: Interests of justice?

by GilesFiles | Mar 22, 2022 | 2020 onwards, 64 Lockout, 64-77 Strikes, 67 protected strike, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, erroneously sought, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Orders, Parties, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Sectors, 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,...

Jurisdiction: Constitutional issue or general public interest

by GilesFiles | Feb 23, 2016 | 2016, Bargaining councils, Bill of Rights, Collective Bargaining (LRL 5), Constitutional Court, Courts, Judges, Jurisdiction & powers, Labour Relations, LRA 04: 64-69 Power plays (LRL 6), Parties, Termination (LRL 8), Topics, Words & phrases | 2 |

Tawusa obo Ngendle & 93 others v Unitrans Fuel and Chemical (Pty) Ltd CCT 131/15 Date of hearing: 23 February 2016 Media summary The following explanatory note is provided to assist the media in reporting this case and is...

Functional collective bargaining: Purpose of strike action

by GilesFiles | Dec 8, 2015 | 2015, André van Niekerk, Bill of Rights, Collective Bargaining (LRL 5), Labour Court, LRA 04: 64-69 Power plays (LRL 6), Words & phrases | 2 |

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 unions: Minister concerned about activities

by GilesFiles | Nov 26, 2015 | CCMA awards, Organisations (LRL 4), Trade unions | 1 |

During her address to the Cosatu congress yesterday the Minister of Labour pleaded for unity and cohesion to advance the National Democratic Revolution, according to the Cosatu website. The Minister mentioned a number of...

Protected strike: When rights forfeited

by GilesFiles | Nov 9, 2015 | 2015, 67 protected strike, André van Niekerk, Bill of Rights, Collective Bargaining (LRL 5), Labour Court, LRA 04: 64-69 Power plays (LRL 6), Statutes (LRL 2)-work, Words & phrases | 2 |

The Labour Court allowed the trade union to anticipate the return day of an interim interdict (rule nisi) granted in favour of the employer relating to an alleged unprotected strike. On the anticipated return day the Labour...

Picketing rules: Economic duress

by GilesFiles | Oct 26, 2015 | Anton Myburgh, LRA 04: 64-69 Power plays (LRL 6) | 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,...

Enterprise level strike: Despite collective agreement

by GilesFiles | Jun 24, 2015 | 2015, 64-77 Strikes, 65 limitations, 67 protected strike, AA Landman, Collective Bargaining (LRL 5), Labour Appeal Court, Labour Relations, LRA 04: 64-69 Power plays (LRL 6), Words & phrases | 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,...

Work practice: Striking to change

by GilesFiles | Apr 2, 2015 | 2015, 64 Strikes/lockouts, 64-77 Strikes, 67 protected strike, 68 strike unprotected, Anton Steenkamp, Collective action, Labour Court, Labour Relations, LRA 04: 64-69 Power plays (LRL 6) | 0 |

Intercape Ferreira Mainliner (Pty) Ltd v Numsa (C 179/2015) [2015] ZALCCT 22 (2 April 2015) per Steenkamp J. The Labour Court confirmed on the return day of a rule nisi that the intended strike would not be protected. Two bus...

Strike: unprotected as refusal to bargain

by GilesFiles | Dec 12, 2014 | 2014 and earlier, 68 strike unprotected, Collective action, Collective Bargaining (LRL 5), Courts, Judges, Labour Appeal Court, LRA 04: 64-69 Power plays (LRL 6) | 1 |

Num v Wanli Stone Belfast (Pty) Ltd [2015] 3 BLLR 286; (2015) 36 ILJ 1261 (LAC) per Musi JA [Waglay JP and Dlodlo AJA concurring] The right to strike is not absolute. There are limitations. The more complicated issues are...

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...

Strikers dismissed unfairly: No proof provided

by GilesFiles | Aug 19, 2014 | 2014 and earlier, Courts, Dennis Davis, Judges, Labour Appeal Court, MB Molemela, Termination (LRL 8) | 0 |

Draken Industries CC v Maande and Others (JA69/2013) [2014] ZALAC 42 (19 August 2014) Coram: Davis JA, Molemela AJA et Sutherland AJA Heard: 20 May 2014 Delivered: 19 August 2014 Appeal disallowed with costs....

Tag: strike