Labour Court judges Archives

Staying award enforcement: Requirements considered

by GilesFiles | May 25, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, GN Moshoana, Interdicts and rule nisi, interpleader proceedings, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, staying proceedings and execution, Suspensions - 186(2)(b), Topics, Uniform High Court, 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,...

Interrupting prescription considered: Contempt not proved

by GilesFiles | May 20, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Central, Contempt of court, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, H Rabkin-Naicker, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, prescription, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Jurisdiction to arbitrate dispute: LRA 186(2)(a) re benefits

by GilesFiles | May 11, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, Benefits - 186(2)(a), Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Electricity, Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, MZN Lallie, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Review tests, Rules, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, 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,...

Service level agreement: Taking over other employees

by GilesFiles | May 9, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Awarded, Business transfers, Causes of action, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), 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, Operation of law, Orders, Orders re costs, Parties, Private enterprises, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, 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,...

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Causes of action, Central, Contractual breach, Courts, Declaratory, deeming provision, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Provisos, Retirement age, Roman Dutch law principles, Sectors, Severance forfeited, Statement of claim, Statutes (LRL 2) - work law, Statutory, Summary - generally, Termination & dismissal (LRL 8), Topics | 0 |

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

Agency shop deductions: Bind minority union members

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Awards -s145, BM Whitcher, Causes of action, Courts, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Organisations (LRL 4), Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Topics, Trade unions | 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,...

Sale not transfer agreement: LRA s197 jurisdiction lacking

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Business transfers, Causes of action, 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, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, 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,...

Employing foreign nationals: LC grants permission

by GilesFiles | May 4, 2022 | 2020 +, Agriculture, André van Niekerk, Appointed LC judges, Awarded, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, PAJA 2000, Parties, Private enterprises, Review tests, Sectors, Specific performance, 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,...

Assessing mental health: Context of constructive dismissal

by GilesFiles | May 4, 2022 | 2020 +, Appointed LC judges, Bill of Rights, Constructive, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Finance, H Rabkin-Naicker, Holistic evaluation, 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, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Reinstating fixed-term contracts: Labour Court’s jurisdiction

by GilesFiles | May 3, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Courts, Dispute Resolution (LRL 3), Fixed-term contracts, General, Government, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Struck off, 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,...

Intolerable conduct or behaviour: Failure to complain

by GilesFiles | Apr 29, 2022 | 2020 +, Acting LC judges, Constructive, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt VI ss 53-65, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, 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, Not awarded, Objective or correct, Onus of proof, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 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,...

Binding collective agreement: Workplace or bargaining unit?

by GilesFiles | Apr 29, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Granted, Holistic evaluation, Interdicts and rule nisi, Interpretation and application, Judges, 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, Mining, Not awarded, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, 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,...

Category: Labour Court judges