Labour Edge

LabourEdge is the sharp edge of labour law, human resources and employee relations.

It is designed by the SALLR team to assist busy practitioners when the boundaries of their knowledge, skills and insight are being challenged. On an ongoing basis, the latest developments are identified so that you can stay ahead of the game. Well-researched solutions are provided that will save you the time and effort slogging through periodicals, opinions, judgments, awards and publications.

Article 63/2021

Is it a requirement that a strike must actually start before a lockout can be lawfully implemented?

Article 62/2021

It is settled law that one of the requirements of a lockout is that it is to be preceded by a demand from the employer in respect of a matter of mutual interest.  Does this equate to a lockout notice?

Article 61/2021

What is the purpose of a lockout?

Article 60/2021

What are the requirements to be met for an urgent application to be granted in the labour court?

Article 59/2021

To what extent is a nexus between a primary and secondary employer required for the secondary strike to be lawful?

Article 58/2021

What is the content of the reasonableness requirement to be complied with for a secondary strike to be lawful?

Article 57/2021

An expert giving evidence before a court is not a hired gun.  What are some of the principles governing an expert witness, as recently identified by the labour court in Anglo Gold Ashanti Ltd and Others v Association of Mineworkers and Construction Union and Others (2019) 30 SALLR 216 (LC)?

Article 56/2021

When a secondary employer seeks an interdict prohibiting a secondary strike, what is the nature of the onus on the secondary employer?

Article 55/2021

It is legitimate for a union to place additional pressure on the primary employer to meet its demands by calling out its members employed by another employer, subject to the procedural requirements introduced by s66(2)(a) and (b) and the reasonable requirements introduced by s66(2)(c) of the LRA.  How did the labour court recently, in Anglo Gold Ashanti Ltd and Others v Association of Mineworkers and Construction Union and Others (2019) 30 SALLR 216 (LC), interpret these requirements:

Article 54/2021

What is the content of the test ‘substance over form’ when determining the true nature of a dispute?