Unfair labour practices Archives

Referring disputes examined: Depriving employees of rights?

by GilesFiles | Oct 30, 2024 | 2020 onwards, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Diplomatic accreditation considered: Jurisdiction lacking to grant relief

by GilesFiles | Oct 12, 2023 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Refused, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, self-created urgency, State organs, Statutes (LRL 2)-work, Statutory, Substance, 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,...

Employment jurisdictional issues: Unfair labour practices

by GilesFiles | Nov 17, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legitimate expectations, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, SCA judges, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

Reviewing own decisions: Internal policies subverted

by GilesFiles | Feb 7, 2020 | 2020 onwards, Applications, Courts, Declaratory, Exceptions/special pleas, GN Moshoana, Insights, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Special pleas, State, State organs, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Insurmountable operational requirements: Changes rejected

by GilesFiles | Jun 13, 2019 | 2019, 2019, 64 Lockout, AF - Internal equity external parity, AUD, Collective action, Conduct & capacity, Construction industry, Courts, Insights, Job evaluation and grading, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Operational reasons, Parties, philosophy / economics, Risks, Sectors, Severance pay, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms...

Natural justice considered: unfair labour practices

by GilesFiles | Mar 28, 2010 | 2014 and earlier, 2015 and earlier, Banks, Bill of Rights, Courts, Interpretation etc, Judges, Labour Relations, Landmark judgments, MJD Wallis, Practices (LRL 9), SCA judges, Supreme Court of Appeal, Terms & conditions, Topics | 0 |

De Lange v Absa Makelaars (262/09) [2010] ZASCA 21 (23 March 2010). In a very recent unanimous decision the Supreme Court of Appeal [“SCA”] incorporated an implied or tacit term of natural justice (audi alteram...

Tag: Unfair labour practices

Referring disputes examined: Depriving employees of rights?

Diplomatic accreditation considered: Jurisdiction lacking to grant relief

Employment jurisdictional issues: Unfair labour practices

Reviewing own decisions: Internal policies subverted

Insurmountable operational requirements: Changes rejected

Natural justice considered: unfair labour practices