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Labour Law 244 - Unfair labour practices Terms in this set (32) Pretorius & Another v Transport Pension Fund & Others (2018) [FACTS] Transnet pensioners (no longer employees) institute claim against Pension Fund based on past undertakings. Because £4.72
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Labour Law 244 - Unfair labour practices Terms in this set (32) Pretorius & Another v Transport Pension Fund & Others (2018) [FACTS] Transnet pensioners (no longer employees) institute claim against Pension Fund based on past undertakings. Because
Labour Law 244 - Unfair labour practices
Terms in this set (32)
Pretorius & Another v Transport Pension Fund & Others (2018) [FACTS] Transnet pensioners (no longer employees) institute claim against Pension Fund based on past undertakings. Because they are no longer 'employees', they ...
Transnet pensioners (no longer employees) institute claim against Pension Fund based
Pretorius & Another v Transport Pension
on past undertakings. Because they are no longer 'employees', they cannot rely on
Fund & Others (2018) [FACTS]
labour legislation. The court is hearing exceptions to claims.
• Focus only on that claim (and that part of the claim) alleging unfair labour practice i.t.o.
the Constitution.
• Section 186(2)(b) of LRA limits unfair labour practices to 'employees'.
Pretorius & Another [IMPORTANT] • To bypass the constitution, part of their claim was to rely directly on S23(1) of the
Constitution despite the LRA regulating and restricting that specific right. Through the
principle of subsidiarity, a claimant cannot directly rely on the right if there is existing
legislation which restricts it.
• Are these pensioners allowed to rely on Constitutional right to fair labour practices -
Pretorius [question] i.e., circumvent legislation. The issue thus is subsidiarity.
• Focus on paras 46-55.
• Subsidiarity is not a hard and fast rule; depends on what Constitution says (does it
require legislation to give effect to a constitutional right, like S9/ 33?
• CC held that subsidiarity is complex in the context of labour law and that where the
Pretorius [court]
Constitution does not require legislation to be enacted, such as in the case of s23(1), it
may be possible to rely directly on the Constitution without first showing that the
applicable legislation is deficient.
1&2. PROMOTION AND DEMOTION: NB FOR
EXAM
1. What the terms promotion and demotion mean
- Whether the council or CCMA will have jurisdiction to hear the dispute
3 issues that arise:
2. What constitutes unfair conduct
3. Remedies
1. Existing employment relationship
2 requirements for a promotion to exist: 2. Comparing jobs: to see if there has been a change and new job must be more
beneficial
1/4
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