Workers Archives - GilesFiles

Awarding land ordered: Labour tenant farmworker

by GilesFiles | Mar 24, 2022 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, SCA judges, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, 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,...

Replacement workers lawful: Response to suspended strike

by GilesFiles | Nov 30, 2020 | 2020 onwards, 64 Lockout, 64 Strikes/lockouts, 64-77 Strikes, BM Whitcher, Courts, Declaratory, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Orders, Parties, Refused, Sectors, Statutes (LRL 2)-work, Topics, Trade unions, Transport & communication | 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,...

Minimum wage calculation: Annual bonus excluded

by GilesFiles | Sep 11, 2019 | Agriculture, BCEA 1997 (LRL 10), CCMA awards, CCMA members, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Practices (LRL 9), Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 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,...

Defining biological characteristics: Sex and gender

by GilesFiles | Oct 30, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Insights, Judges, Personal Information, Sectors, Topics | 0 |

Defining biological characteristics: In Rahube v Rahube (CCT 319/17) [2018] ZACC 202 (30 October 2018) the constitutional court helpfully explained the difference between the words ‘sex’ and ‘gender’...

Sole employer interpretation: Cachalia AJ dissenting

by GilesFiles | Jul 26, 2018 | 2018, 2018, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 08b: 185-186(2) Practices, LRA 09: 198-213 General, LRA 198 Temporary employment services, LRA 1995, Operation of law, Parties, Practices (LRL 9), Reforms required, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Assign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which...

Status changed legally: Sole employer after 3 months

by GilesFiles | Jul 26, 2018 | 2018, 2018, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Labour Relations, Landmark judgments, LRA 09: 198-213 General, LRA 198 Temporary employment services, LRA 1995, Operation of law, Parties, Reforms required, Sectors, Statutes (LRL 2)-work, 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,...

How does the LRA regulate temporary employment?

by GilesFiles | Feb 21, 2018 | 2018, Constitutional Court, Labour Relations, Legislation, LRA 198 Temporary employment services, LRA 1995, Parties, Termination (LRL 8) | 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,...

Pregnant mineworkers: Non-discriminatory policy?

by GilesFiles | Aug 24, 2017 | 2017, Anton Steenkamp, Bill of Rights, Courts, Deceased judges, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, philosophy / economics, Sectors, Statutes (LRL 2)-work, Thought Leaders, 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,...

Deemed employment interpreted: Placed workers LRA 198A(3)(b)(i)

by GilesFiles | Jul 10, 2017 | 2017, 2017, Bill of Rights, Courts, Deemed, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, LP Tlaletsi, LRA 198 Temporary employment services, LRA 1995, Parties, Sectors, 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,...

Protected: Industrial Law Journal (UK) June 2017

by GilesFiles | Jun 30, 2017 | Collective Bargaining (LRL 5), LRA 1995, Thought Leaders | 0 |

Prescribed minimum wage: Clerical and general work

by GilesFiles | May 26, 2017 | 2017, Bargaining councils, Condonation, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 07: 112-184 Dispute, LRA 1995, Motor industry, Parties, Sectors, 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,...

Mining class action: Development of common law

by GilesFiles | May 13, 2016 | 2016, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, High Court, Roman Dutch law, Sectors, Topics, Words & phrases | 0 |

A full bench of the High Court granted an order, and ancilliary relief, establishing a class for the purpose of instituting a legal mining class action against various gold mining companies in respect of mineworkers who have...

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