Related documents
- Is commenced by Labour Relations Amendment Act, 2014: Commencement
- Amends Labour Relations Act, 1995
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History of this document
01 January 2015
Commenced by
Labour Relations Amendment Act, 2014: Commencement
18 August 2014 this version
Published in Government Gazette 37921
15 August 2014
Assented to
Cited documents 0
Documents citing this one 44
Gazette
22Judgment
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Reported
Employer failed to prove operational justification or consideration of alternatives; reinstatement ordered for unfair retrenchments.
Labour law – Section 189A(19) retrenchments – substantive fairness requires operational justification and proper consideration of alternatives; reinstatement is primary remedy; employer bears onus to show reinstatement not reasonably practicable.
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Reported
A dismissal is not automatically unfair where the true or dominant reason is bona fide operational requirements, not refusal to accept a demand.
Labour law – Section 187(1)(c) LRA – automatically unfair dismissals for refusal to accept an employer’s demand – interplay with operational‑requirements dismissals under sections 188/189 – retrenchment consultations versus collective bargaining – interpretation of 2014 amendment – use of Afrox causation/dominant‑cause analysis versus conventional fact‑evaluation to determine true reason for dismissal.
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Reported
Whether section 198A(3)(b) deems the client the sole employer of the applicant’s placed low‑paid workers after three months.
Labour Relations Act s198A(3)(b) — temporary employment services — interpretation of deeming provision; whether client becomes sole employer or TES and client remain joint employers; interaction with s198(2), s198(4) and s198(4A); purposive/contextual interpretation in light of LRA objects and BCEA alignment; protection of vulnerable low‑paid workers.
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Afriforum NPC v Premier, Gauteng Province and Others (1000/2020) [2021] ZASCA 185 (24 December 2021)
An administrator appointed under s139(1)(c) may approve a municipal annual budget; budget approval is an executive function.
* Constitutional law – s 139(1)(c) intervention – dissolution of municipal council and appointment of administrator – scope of administrator's powers; * Municipal finance – approval of annual budget – executive function; * Interpretation – relationship between s 139(1)(c) and s 139(4); * Mootness – court may decide discrete issues of public importance despite subsequent ratification of impugned act; * Costs – condonation and Biowatch principle applied.
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Reported
Deeming clause in s198A creates concurrent employer status: TES remains employer while client is deemed employer for LRA purposes.
* Labour law – Temporary Employment Services (TES) – s 198 and s 198A LRA – effect of deeming clause; augmentation versus substitution of employer status.
* Interpretation – deeming provision in s 198A(3) operates for purposes of the LRA only and creates concurrent employer responsibilities.
* Administrative law – CCMA arbitration award reviewable where material error of law concerns a question not exclusively entrusted to the commissioner.
* Procedure – interest of placed workers; joinder and right to be heard when their status is directly affected.
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Reported
Applicants failed to prove a 30 November termination lockout; absolution granted and union ordered to pay costs.
Labour law – dismissal – alleged 'termination lockout' – automatically unfair dismissal under s187(1)(c) and s187(1)(d) – onus to begin – absolution from the instance – costs under s162 of the LRA.
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Reported
Labour Court may suspend picketing rights where picketing rules are materially breached and violence persists.
* Labour law – Picketing – s 69 LRA – peaceful picketing requirement; material breach by violence and intimidation may justify suspension of picketing rights. * s 69(8)/(12) LRA – disputes about picketing rules – Labour Court may grant just and equitable interim relief, including varying or suspending picketing rules. * Remedies – suspension/forfeiture of picketing rights and structural remedies are permissible alternatives to committal for contempt. * Public policy – protection of non‑strikers, property and public order where picketing rules are flouted.
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Persistent violent or unlawful picketing may justify suspension or forfeiture of the right to picket under section 69 LRA.
Picketing rules; s69 LRA; peaceful picketing requirement; violence, intimidation and unlawful conduct; suspension/forfeiture of picketing rights; urgent interim relief under s69(12); variation of picketing rules; alternative to contempt proceedings.
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Labour Court lacks jurisdiction where dismissal followed a disciplinary enquiry, not a statutory pre-dismissal arbitration under section 188A.
Labour law – s188A pre-dismissal arbitration – jurisdiction – statutory prerequisites (written consent to specific arbitration; appointment by CCMA/council/accredited agency; prescribed fee) not met; contractual/disciplinary-code provisions cannot substitute for statutory requirements; disciplinary enquiry vs pre-dismissal arbitration; review dismissed for lack of jurisdiction.
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Reported
Section 189A(13) is an urgent supervisory remedy; (13)(d) is residual and late condonation was unjustified.
Labour law – section 189A(13) – urgent supervisory remedy to oversee ongoing large-scale retrenchments; remedies (a)–(c) preferred; (13)(d) residual and not standalone; condonation for late s189A(13) applications not justified by prior reliance on now-overruled case law or by abandonment of procedural-unfairness causes; Parkinson and Clinix applied.
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