Labour Court Archives

Staying disciplinary enquiry: Occupational detriment?

by GilesFiles | Oct 31, 2025 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, erroneously sought, Finance, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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Retrenchment consultation process: LRA sec 189A(13)

by GilesFiles | Oct 30, 2025 | 2020 onwards, Balancing interests, Causes and defences, Costs not awarded, Courts, Declaratory, Granted, Inherent requirements, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics | 0 |

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Detained and released employee: Compensated not reinstated?

by GilesFiles | Oct 27, 2025 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs not awarded, Courts, Declaratory, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Operation of law, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Compliance with Covid-19 policies: Refusal to perform?

by GilesFiles | Oct 20, 2025 | 2020 onwards, Absenteeism, Applications, Automatic, Causes and defences, CCMA Rules-new, Contractual breach, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Objective - correctness, Operation of law, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Limited damages rule: Restricted to notice period?

by GilesFiles | Oct 20, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Compensation, Contractual breach, Courts, Declaratory, Fixed-term, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Notice requirements, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Insolence or insubordination: Justifying summary termination?

by GilesFiles | Oct 17, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Regrading and advancement report: Proper remedy?

by GilesFiles | Oct 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Awards -s145 see also Sidumo, Causes and defences, Consistency element, Courts, Declaratory, Discrimination (LRL 11), Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Legitimate expectations, LRA 08b: 185-186(2) Practices, LRA 1995, Metro, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Terms & conditions, Topics | 0 |

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Transferring business considered: Cause of action lacking

by GilesFiles | Oct 8, 2025 | 2020 onwards, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Topics | 0 |

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Granting leave to appeal: Reasonable prospects

by GilesFiles | Oct 3, 2025 | 2020 onwards, Applications, Causes and defences, Costs against non-party, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Nature of irregular steps: EEA declaratory relief

by GilesFiles | Oct 3, 2025 | 2020 onwards, Applications, Causes and defences, Central, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 193, LRA 1995, LRA D: 151-166 LC, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Mutual separation agreement: Exceptions upheld with costs

by GilesFiles | Oct 3, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Exceptions/special pleas, Finance, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 1995, Mutual termination, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Security bond exemption: Staying enforcement

by GilesFiles | Sep 12, 2025 | 2020 onwards, Applications, Balancing interests, Causes and defences, Contractual breach, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Security s145, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Termination (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,...

Category: Labour Court