Labour Court Archives

Gross misconduct found: Covid-19 related reality

by GilesFiles | Mar 28, 2021 | 2020 +, Appointed LC judges, Awards -s145, Cause: contractual breach, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade, Valid reason and fair reason | 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,...

Lodging grievance considered: Not automatically unfair

by GilesFiles | Mar 25, 2021 | 2020 +, Appointed LC judges, Automatically unfair - s187, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Civil engineering industry: Demarcating mining activities?

by GilesFiles | Mar 4, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Bargaining councils, Construction, Courts, Demarcations, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Objective or correct, Orders, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Forensic investigation report: Disclosure and legal privilege

by GilesFiles | Mar 1, 2021 | 2020 +, Access to information, André van Niekerk, Appointed LC judges, Cause: general, CCMA rules, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Onus of proof, Orders, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Statutes (LRL 2) - work law, Topics | 0 |

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Impugning human dignity: Discrimination or differentiation

by GilesFiles | Mar 1, 2021 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Central, Clear and convincing, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Trade union usurpers: Non-joinder and urgency?

by GilesFiles | Feb 24, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), ex parte, Exceptions/special pleas, Hospitality, Interdicts and rule nisi, Joinder of parties, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Struck off, Topics, Trade unions, Urgency | 0 |

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Unlawful contractual repudiation: Indefinite term binding

by GilesFiles | Feb 24, 2021 | 2020 +, Applications, Appointed LC judges, Attorney client scale, Bill of Rights, Cause: contractual breach, Common Law, Courts, Declaratory, Dignity equality freedom, Dismissal generally, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Exceptions/special pleas, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Procedural issues, Sectors, SOEs (State Owned Enterprises), Special pleas, Specific performance, Statutes (LRL 2) - work law, Summary - generally, Termination & dismissal (LRL 8), Topics, Transport & communication, Urgency | 0 |

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Withdrawn review application: Rule 11 application granted

by GilesFiles | Feb 19, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Statutes (LRL 2) - work law, Topics | 0 |

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Arbiter plagiarism condemned: Failure to apply mind

by GilesFiles | Feb 15, 2021 | 2020 +, André van Niekerk, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Amending statement considered: Fresh cause of action?

by GilesFiles | Feb 11, 2021 | 2020 +, Amending pleadings, André van Niekerk, Applications, Appointed LC judges, Cause: general, Central, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Project based work: No absolute right to work

by GilesFiles | Feb 11, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Construction, Courts, Declaratory, Dispute Resolution (LRL 3), Fixed-term contracts, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Markets in SA, Operational requirements-s189, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Proof required, Roman Dutch law principles, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned that the applicant may well have been similarly qualified and...

Alleged unlawful payments: Application refused

by GilesFiles | Feb 8, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Transport & communication, Urgency | 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 Court