Authority: Sapiential or delegated Archives - Page 2 of 3

Sapiential authority and management: Difference?

by GilesFiles | Nov 19, 2025 | AB - Law generally, AU - ChatGPT, Authority: Sapiential or delegated, Insights, Managerial prerogative, Work Science Institute | 0 |

How does sapiential authority differ from line management and why is it important? Nature of the Authority Sapiential Authority = authority based on wisdom, expertise, or specialised knowledge. You are listened to because you...

Enforcing settlement agreement: Ostensible authority untenable

by GilesFiles | May 7, 2025 | 2020 onwards, Appeals, Appeals - leave, Authority: Sapiential or delegated, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Local, LRA 1995, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Sectors, State organs, 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,...

Infringing rights considered: Declaratory relief not justified

by GilesFiles | Feb 18, 2025 | 2020 onwards, Applications, Authority: Sapiential or delegated, Bill of Rights, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Æsculapian Authority: Doctor-patient relationship

by GilesFiles | Dec 15, 2024 | AA - Resources generally, AB1 - Fairness principle or concept, Authority: Sapiential or delegated, Insights | 0 |

Æsculapian Authority and the Doctor-patient Relationship Erik T. Paterson, M.B., Ch.B., D.Obst.R.C.O.G., F.B.I.S Abstract It is time to remind the Medical Community of some of the fundamentals underlying its ability to do what...

Unilaterally rescinding contracts: Legality review applied

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Authority: Sapiential or delegated, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 144 and 165 rescissions, Metro, Municipal managers, Orders, PAJA 2000, Parties, Reinstatement, Res judicata (issue estoppel), Resolving disputes (LRL 3), Sectors, State organs, 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,...

Invalid unfair instruction: Reinstatement ordered

by GilesFiles | Nov 29, 2022 | 2020 onwards, Appeals, Appeals - leave, Authority: Sapiential or delegated, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Costs awarded, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Fair procedure, Insights, Insubordination and defiance, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, Management, Orders, Parties, Personal services, Policies - all, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, 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,...

Ostensible authority proved: Estoppel principles applied

by GilesFiles | Jun 11, 2020 | 2020 onwards, Appeals, Appeals - leave, Authority: Sapiential or delegated, B Waglay, Contractual breach, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Roman Dutch law, Sectors, Special pleas, Statutes (LRL 2)-work, 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,...

Value-exchange: Pay for making challenging decisions

by GilesFiles | Jul 24, 2017 | AF - Internal equity external parity, Authority: Sapiential or delegated, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Codes, EEA Regulations, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, FAQ, Insights, Labour Relations, philosophy / economics, Reforms required, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

When paying someone for work a value-exchange is needed. Challenging decisions must be properly rewarded but coupled with appropriate accountability. So the reference to “occupational levels” in schedule EEA9 to the Employment...

Director remains employee: Subject to discipline

by GilesFiles | Dec 15, 2016 | 2016, André van Niekerk, Anton Myburgh, Authority: Sapiential or delegated, Condonation, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, 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,...

Differentiation or discrimination: SCA secretaries

by GilesFiles | Dec 9, 2016 | Authority: Sapiential or delegated, Discrimination (LRL 11), EEA 1998, Employ Equity (LRL 12), Practices (LRL 9), Words & phrases, Work Science Institute | 0 |

This is not a fairy tale. Once upon a time there were 13 secretaries working for the government in Bloemfontein. Although employed by the State they each reported to a Judge of the SCA. But the Judges only stayed in...

Occupational management levels: Internal equity senior managers

by GilesFiles | Sep 23, 2016 | AF - Internal equity external parity, Anton Myburgh, Authority: Sapiential or delegated, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Codes, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Equal pay and value, Insights, Labour Relations, Reforms required, Seven occupational levels, Statutes (LRL 2)-work, Thought Leaders, Topics, Work Science Institute | 0 |

It is just not possible to appoint employees to senior management levels and assume that they will be capable of making all the necessary decisions that could affect the survival of the enterprise itself. One of the tragedies...

Protected disclosures management: Sapiential authority

by GilesFiles | Jun 1, 2016 | 2016, Authority: Sapiential or delegated, Courts, Dennis Davis, Judges, Labour Court, Labour Court judges, RGO Lagrange, Termination (LRL 8) | 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: Authority: Sapiential or delegated