Labour Appeal Court Archives

Indefinite employment confirmed: LRA sec 198B(5) applied

by GilesFiles | May 28, 2026 | 2020 onwards, André van Niekerk, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Unfair discrimination claim: Damages not proved

by GilesFiles | May 26, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Proving constructive dismissal: Facts objectively assessed

by GilesFiles | May 25, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Rejecting review application: Allowed appeal

by GilesFiles | May 21, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Occupational specific dispensation: Award upheld

by GilesFiles | May 12, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Peaceful strike conceded: Reinstatement justified

by GilesFiles | May 6, 2026 | 2020 onwards, 64-77 Strikes, 65 limitations, 68 strike unprotected, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Disciplinary issues, 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 1995, Manufacturing, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Admitting hearsay evidence: Approbate and reprobate?

by GilesFiles | Apr 29, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Placed on precautionary suspension: Unlawful & punitive?

by GilesFiles | Apr 15, 2026 | 2020 onwards, Allowed, Appeals, Bill of Rights, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Delict, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 193, LRA 194, LRA 1995, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Effective dispute resolution: Striking out application

by GilesFiles | Apr 14, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Disallowed, Exceptions/special pleas, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics, Trade | 0 |

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Correct objective test: Onus reversed?

by GilesFiles | Apr 8, 2026 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Gross procedural unfairness: Substantively unfair as well?

by GilesFiles | Mar 31, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Contractual breach, Costs, Courts, GN Moshoana, ILO Convention 158/1982, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Applying incorrect standard: Review not an appeal?

by GilesFiles | Mar 26, 2026 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, BCEA 77(3) & 77A(e), Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Transport & communication, Trust & confidence | 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,...

Category: Labour Appeal Court