Labour Court Archives

Deeming indefinite employment: LRA s 198B considered

by GilesFiles | Jul 16, 2021 | 2020 +, Appointed LC judges, Awards -s145, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), 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, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 9: s198-213 General provisions, Municipal, Objective or correct, Orders, Organs of state, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Irregular arbitration proceedings: Facts not verified

by GilesFiles | Jul 2, 2021 | 2020 +, Acting LC judges, Awards -s145, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Hospitality, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 7A(8)(b), Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Abusing court processes: Application struck off

by GilesFiles | Jun 30, 2021 | 2020 +, Airline pilots, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 7, LC Rule 8, Legal Practice, lis alibi pendens, Lockout/lock-out, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Power plays (LRL 6), Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Struck off, Topics, Transport & communication | 0 |

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Demarcation determination award: Factors considered

by GilesFiles | Jun 30, 2021 | 2020 +, Appointed LC judges, Bargaining councils, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Totality, Transport & communication | 0 |

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Shortlisting employment applicants: Unfair labour practice

by GilesFiles | Jun 30, 2021 | 2020 +, Applications, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Organs of state, Parties, Promotion / demotion - 186(2)(a), Provincial, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics | 0 |

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Probationary period expired: Dismissal not proved

by GilesFiles | Jun 28, 2021 | 2020 +, Appointed LC judges, Cause: contractual breach, Common Law, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Orders, Organs of state, Parties, Probation - `186(2)(a), Probation or trial, Provisos, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication, Valid reason and fair reason | 0 |

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Jurisdictional power lacking: Destroying CCMA ruling

by GilesFiles | Jun 28, 2021 | 2020 +, Applications, Appointed LC judges, CCMA & BC, CCMA rules, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Objective or correct, Orders, Parties, Res judicata, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Self-created urgency: Parallel processes decried

by GilesFiles | Jun 24, 2021 | 2020 +, Applications, Appointed LC judges, Associations & corporate bodies, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 8, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Personal services, Refused, Rules and practice manuals, Sectors, self-created urgency, Statutes (LRL 2) - work law, Struck off, Topics, Urgency | 0 |

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Harassment claim rejected: Evidential onus considered

by GilesFiles | Jun 18, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt VI ss 53-65, Employment Equity (LRL 12), erroneously sought, Evidence and onus, Evidentiary burden, Finance, Judges, 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, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Rule 11 application: Mootness and ripeness

by GilesFiles | Jun 17, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Exceptions/special pleas, Joinder of parties, 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, Mootness, Orders, Orders re costs, Parties, Personal services, Rescission, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Appealing restraint order: Unacceptable grounds

by GilesFiles | Jun 10, 2021 | 2020 +, André van Niekerk, Appeals, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Competition, Courts, Dispute Resolution (LRL 3), Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Protectable business interests, Restraints and restrictions, Rules and practice manuals, Statutes (LRL 2) - work law, Topics | 0 |

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Abusing court rules: Costs de bonis propriis

by GilesFiles | Jun 9, 2021 | 2020 +, Applications, Appointed LC judges, Courts, De bonis propriis, Dispute Resolution (LRL 3), irregular proceeding, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rule 7A(6), LC Rule 7A(8), Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, PM 11.2, PM 11.2.1, PM 11.2.2, PM 11.2.3, Rules and practice manuals, Statutes (LRL 2) - work law, Topics | 0 |

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Category: Labour Court