Unilateral changes Archives

Hearing rights discussed: Binding contractual provisions?

by GilesFiles | Dec 22, 2025 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Covid-19 pandemic consequences: Compensation awarded

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Declaratory, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication | 0 |

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Gross insubordination considered: Lawful instructions disobeyed?

by GilesFiles | Dec 6, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Courts, Customary Law, Declaratory, Evidence & onus, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Unprotected strike action: Binding collective agreement

by GilesFiles | Oct 21, 2024 | 2020 onwards, 64-77 Strikes, 65 limitations, 68 strike unprotected, Applications, Causes and defences, Collective Bargaining (LRL 5), Confirmed, Contractual breach, Courts, Declaratory, Evidence & onus, 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 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rule nisi, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Unilateral employment changes: Retrospective reinstatement

by GilesFiles | Jul 12, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Private enterprises, Reinstatement, Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Terminating collective agreement: Travel allowance withdrawn

by GilesFiles | Jul 8, 2024 | 2020 onwards, Applications, Causes and defences, Central, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, Government, 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, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Pay progression, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Unprotected strike action: Defective strike notice

by GilesFiles | May 13, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, Applications, Causes and defences, Central, Collective action, Collective Bargaining (LRL 5), Confirmed, Contractual breach, Costs, Courts, Declaratory, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-old, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Operational reasons, Orders, Parties, Refused, RGO Lagrange, Rule nisi, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics | 0 |

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Breaching employment contracts: Changes imposed unilaterally

by GilesFiles | Apr 17, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, MR Makhura, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Restructuring, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Varying contractual terms: Shifren principle applied

by GilesFiles | Feb 22, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Covid-19 issues, Declaratory, Hearsay, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Transport & communication | 0 |

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Costs de bonis propriis: Making it up

by GilesFiles | May 18, 2023 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, André van Niekerk, Applications, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Manufacturing, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics | 0 |

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Unilateral employment changes: Preliminary ruling

by GilesFiles | Apr 21, 2023 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, Applications, Causes and defences, Conduct & capacity, Constructive: 186(1)(e), Contractual breach, Costs, Courts, Declaratory, Hospitality, Interdicts & rules, 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 08b: 185-186(2) Practices, LRA 1995, MR Makhura, Operational reasons, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Urgency | 0 |

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Changing shift system: Based on operational needs

by GilesFiles | Nov 10, 2022 | 2020 onwards, Applications, AUD, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: right or interest, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Minute: pre-trial or arb, Operational reasons, Orders, Parties, Private security, RGO Lagrange, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Tag: Unilateral changes