Insights Archives - Page 2 of 385

Directive 2 of 2026: Enhanced case management

by GilesFiles | Oct 28, 2026 | AB - Law generally, AH02a - LC rules current, Insights | 0 |

DIRECTIVE 02 OF 2026: ENHANCED CASE MANAGEMENT: MOTION PROCEEDINGS AND URGENT COURT ADMINISTRATION This Directive is effective 27 July 2026 A. Introduction This Practice Direction is adopted pending consideration of amendments...

Termination of employment: Is fault required?

by GilesFiles | Oct 14, 2026 | AB1 - Fairness principle or concept, Insights | 0 |

Termination of employment: Is fault required? Question: Does South African labour law allow employers to terminate employment for valid and fair reasons related only to conduct, capacity and operational requirements and that...

Trump’s chaos abroad: Inflicting considerable damage

by GilesFiles | Sep 27, 2026 | AD - Personal archives, AV - Daily Maverick, Insights | 0 |

Trump’s chaos abroad mirrors the damage he’s inflicting on Washington Courtesy of Daily Maverick Donald Trump brought vast incoherence to domestic and international policy for the US – echoing the damage he is doing to the face...

Valid and fair reason: Terminate on notice or summarily?

by GilesFiles | Sep 22, 2026 | AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

Valid and fair reason: Terminate on notice or summarily? QUESTION: Why is it important in employment law to distinguish between the validity and fairness of the reason for terminating an employment contract and also whether it...

Automatically unfair dismissal: Protected disclosure?

by GilesFiles | Sep 15, 2026 | 2020 onwards, Applications, AUD, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, Conduct - gross, Costs, Costs not awarded, Courts, Damages, Disciplinary issues, Equal pay and value, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Substance, Suzanna Harvey, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void | 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,...

Enforceability of restraint principles: Reasonableness considered

by GilesFiles | Jul 30, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, LAC judges, Legal Practice, Legality principle, Legislation, Orders, Parties, Private enterprises, Protectable interests, Review tests, Sectors, Topics, Trade, Trade restraints | 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,...

Disproportional Pay Differentials: EEA unconstitutional provisions?

by GilesFiles | Jun 22, 2026 | AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

Disproportional Pay Differentials: Prohibition in the Employment Equity Act and Thoughts on The Evidentiary Burden The Employment Equity Act (“EEA”) requires South African designated employers to extend their commitment towards...

Recognised arbitrary ground: Qualifications?

by GilesFiles | May 18, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Exceptions/special pleas, False assumptions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Pay differentials, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

Arbitrary grounds discrimination: Absolution granted

by GilesFiles | May 18, 2026 | 2020 onwards, AH02a - LC rules current, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, MR Makhura, Objective - correctness, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, 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,...

Gross procedural unfairness: Substantively unfair as well?

by GilesFiles | Mar 31, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Contractual breach, Costs, Courts, GN Moshoana, ILO Convention 158/1982, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Ratio decidendi concept: Binding legal principle

by GilesFiles | Mar 18, 2026 | AB - Law generally, AG - Legal research, AU - ChatGPT, Insights | 0 |

How does the concept of ratio decidendi apply in South Africa? Great question — and yes, the spelling is ratio decidendi (Latin: “the reason for the decision”). Let’s unpack how ratio decidendi operates specifically in South...

Zero-tolerance alcohol policy: Reasonable band test

by GilesFiles | Feb 10, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Consistency element, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, 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 1995, Manufacturing, MR Makhura, Orders, Parties, Personal services, Policies - all, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void, Warnings | 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: Insights