LAC judges Archives | GilesFiles

Retirement age dispute: Revised employment contract

by GilesFiles | Nov 25, 2019 | 2019, Acting LAC judges, Appeals, Basic Conditions (LRL 10), BCEA 1997, Bill of Rights, Common Law, Courts, Dismissal: general, Dismissal: operation of law, Dispute Resolution (LRL 3), F Kathree-Setiloane, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective, Organs of state, Parties, Public Service, Retirement age, Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

Enforcing contractual rights: Lawfulness and fairness

by GilesFiles | Nov 25, 2019 | 2019, Acting LAC judges, Appeals, Basic Conditions (LRL 10), BCEA 1997, Common Law, Courts, Dismissal: lawfulness, Dispute Resolution (LRL 3), Education, Exceptions/special pleas, F Kathree-Setiloane, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Res judicata, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Universities and schools | 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,...

Unduly formalistic approach: Gross irregularity

by GilesFiles | Nov 5, 2019 | 2019, appeal, Appointed LAC judges, Awards -s145, Condonation, Courts, Dismissal: gross misconduct, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Evidentiary burden, Factual disputes, Government - central, Granted, Granted, Judges, Jurisdiction and powers, Labour Appeal Court, Labour court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Onus of proof, Orders, Orders re costs, P Coppin, Parties, Public Service, Reinstatement, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Zungu doctrine | 0 |

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Uttering hate speech: Forfeiting constitutional protection?

by GilesFiles | Oct 31, 2019 | Applications, Bill of Rights, Common Law, Courts, Dignity equality freedom, Equality Court, Judges, Legal Practice, Legislation, Orders, Orders re costs, Roland Sutherland, Topics | 0 |

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Provoked unprotected strike: No justification found

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Appointed LAC judges, Courts, Dennis Davis, Dismissal: strike related, Dismissals, Dispute Resolution (LRL 3), Hospitality, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders re costs, Parties, Power plays (LRL 6), Review tests, Sectors, Statutes (LRL 2) - work law, Strike - protected, Strike - unprotected, Termination (LRL 8), 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,...

Deployment decision reviewed: Collective agreement

by GilesFiles | Oct 16, 2019 | 2019, Acting LAC judges, Bill of Rights, Common law review, Courts, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Orders re costs, Organs of state, PAJA 2000, Parties, Review tests, State action - s158(1)(h), Statutes (LRL 2) - work law, Topics | 0 |

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Agency shop lawful: Compliance with LRA s 25(3)

by GilesFiles | Oct 16, 2019 | 2019, Acting LAC judges, Appeals, Associations, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, Motor industry, Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Non-retroactivity legality principle: LRA 198B examined

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Appointed LAC judges, Associations, Bill of Rights, Courts, Declaratory, Dismissal: operation of law, Dispute Resolution (LRL 3), Fixed-term contracts, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Orders, P Coppin, Parties, Public Service, Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Trade unions | 0 |

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Regulation unlawfully promulgated: Warring with rule of law

by GilesFiles | Oct 16, 2019 | 2019, abuse of process, Appeals, Appointed LAC judges, Associations, Bill of Rights, Common Law, Courts, Dennis Davis, Dispute Resolution (LRL 3), Education, Exceptions/special pleas, Government - central, issue estoppel, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, PAJA 2000, Parties, Res judicata, Review tests, Sectors, Topics | 0 |

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Upgrading pay levels: Benefits and unfair conduct

by GilesFiles | Oct 4, 2019 | 2019, Acting LAC judges, Appeals, Awards -s145, Benefits - 186(2)(a), Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Employment Equity (LRL 12), Employment Equity Act 1998, John Murphy, Judges, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 8b: s185-186(2) Labour practices, Promotion / demotion - 186(2)(a), Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Thomas Paterson, Topics | 0 |

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Communications interception thwarted: RICA unconstitutional ?

by GilesFiles | Sep 16, 2019 | 2019, amicus curiae, Bill of Rights, Consumer protection, Courts, Dignity equality freedom, High Court, High Court judges, Judges, Legal Practice, Legality principle, Protection of Personal Information, Roland Sutherland, Topics | 0 |

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Empowerment scheme considered: LRA 200B no sham

by GilesFiles | Sep 12, 2019 | 2019, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Appeal Court, Labour brokers or TES, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 9: s198-213 General provisions, P Coppin, Parties, Retailing, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Category: LAC judges