Labour Court Archives

Applying legality principle: Reinstatement ordered

by GilesFiles | Nov 23, 2021 | 2020 +, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Government, 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, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Unlawfully elected president: Declaratory order granted

by GilesFiles | Nov 22, 2021 | 2020 +, Acting LC judges, Applications, Cause: contractual breach, 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, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Organisations (LRL 4), Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Reviewing evidential evaluation: Not unreasonable

by GilesFiles | Nov 19, 2021 | 2020 +, Appointed LC judges, Courts, Discharged on account, 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, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Universities and schools | 0 |

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Breaching collective agreement: Unprotected strike action

by GilesFiles | Nov 8, 2021 | 2020 +, Applications, Appointed LC judges, Cause: statute, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Topics, Trade unions, Urgency | 0 |

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Operational requirements termination: Pleadings and minute

by GilesFiles | Nov 8, 2021 | 2020 +, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Orders, Orders re costs, Parties, Private enterprises, punitive costs, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Zungu doctrine | 0 |

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Delayed review process: Lapsed and archived

by GilesFiles | Nov 4, 2021 | 2020 +, Acting LC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Micro enterprises, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Struck off, Topics, Undue delay | 0 |

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Reviewing awards rulings: Use correct procedure

by GilesFiles | Nov 4, 2021 | 2020 +, Applications, Awards -s145, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Not awarded, Orders, Orders re costs, Parties, Review tests, Rules, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Considering deemed dismissals: Must show good cause

by GilesFiles | Oct 27, 2021 | 2020 +, Appointed LC judges, Basic Conditions (LRL 10), Central, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Government, 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, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, 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,...

Combining preliminary applications: Condonation and review

by GilesFiles | Oct 22, 2021 | 2020 +, Acting LC judges, Applications, Condonation, Courts, Dispute Resolution (LRL 3), irregular proceeding, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rule 11, LC Rule 7, LC Rules, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Numsa obo Charles v DSV Solutions (Pty) Ltd In dealing with the issue of combining preliminary applications the labour court [per PN Kroon AJ] decided that “condonation applications should not generally be heard separately...

Cost to company remuneration: Alleged pay discrimination

by GilesFiles | Oct 21, 2021 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Central, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), erroneously sought, Exceptions/special pleas, Government, Insights, Interpretation and application, 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, Management, Not awarded, Orders, Orders re costs, Organs of state, Parties, Remuneration, Review tests, Sectors, Sidumo - reasonableness, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Contractual breach examined: Limited damages rule

by GilesFiles | Oct 20, 2021 | 2020 +, Acting LC judges, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Central, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Evaluating jobs examined: Unfair labour practice?

by GilesFiles | Oct 19, 2021 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Central, Courts, Declaratory, Dispute Resolution (LRL 3), EEA9 Levels s21, Employment equity, Equal pay & value, Government, Insights, Job evaluation, Judges, 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, Orders re costs, Organs of state, Parties, Review tests, Sectors, 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,...

Category: Labour Court