Labour Court judges Archives

Interdicting strike action: Requirements not met

by GilesFiles | Jun 20, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, Orders, Parties, Power plays (LRL 6), Private enterprises, Refused, Refused, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike - protected, Strike s68 unprotected, 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,...

Upholding reinstatement award: Final warning sufficient

by GilesFiles | Jun 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, BC and HOAs, Causes and defences, Community schemes, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Non-profit organisations, Orders, Parties, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, 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,...

Occupation specific dispensation: Collective agreement application

by GilesFiles | Jun 5, 2025 | 2020 onwards, Causes and defences, Central, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Management, Objective - correctness, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Operational requirements termination: Nature of possible claims

by GilesFiles | May 19, 2025 | 2020 onwards, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bumping, Causes and defences, Connie Prinsloo, Construction industry, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Sectors, Severance pay, 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,...

Automatically unfair dismissal: Two-tier retirement age?

by GilesFiles | May 15, 2025 | 2020 onwards, AL - ILO, Applications, AUD, Automatic, Bill of Rights, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), False assumptions, Fixed-term, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Review tests, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Words & phrases, Work Science Institute | 0 |

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Discriminating on medical grounds: Failure to act?

by GilesFiles | May 14, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8b: 185-186(2) Practices, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Racial harassment condemned: Employer vicariously liable

by GilesFiles | May 5, 2025 | 2020 onwards, Appeals - leave, Applications, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Courts, Declaratory, Delict, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, EEA Chpt VI 53-65, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Mining, Orders, Parties, Polygraph test, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Vicarious liability | 0 |

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Protecting legitimate interests: Restraining former employee

by GilesFiles | May 2, 2025 | 2020 onwards, AB - Law generally, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Free and fair, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Legal Practice, Legislation, Management, Markets in SA, Orders, Parties, Personal Information, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints, Urgency | 0 |

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Disciplinary proceedings and prescription: Civil litigation?

by GilesFiles | Apr 16, 2025 | 2020 onwards, Applications, Causes and defences, Central, Connie Prinsloo, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Bumping principles considered: Substantial compensation awarded

by GilesFiles | Apr 11, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 1997 (LRL 10), Bumping, Causes and defences, Compensation, Costs, Courts, Declaratory, Dignity equality freedom, Granted, Hospitality, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Management, Managerial prerogative, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 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,...

Setting aside writ: Applicable legal principles

by GilesFiles | Apr 10, 2025 | 2020 onwards, Applications, Causes and defences, Central, Courts, Declaratory, General, Government, granted, Granted, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, MZN Lallie, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics, Urgency | 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,...

Bargaining council agreement: Allowing employer exemptions

by GilesFiles | Apr 9, 2025 | 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Applications, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Common law, Consumer protection, Courts, Declaratory, Free and fair, granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Markets in SA, Objective - correctness, Orders, Organisations (LRL 4), Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication, Work Science Institute | 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 judges