Retired judges Archives

Contempt finding considered: Wilful defiance

by GilesFiles | Mar 20, 2025 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Contempt, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Retired judges, Sectors, Selected judges, 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,...

Admitting hearsay evidence: Law considered and applied

by GilesFiles | Mar 20, 2025 | 2020 onwards, B Waglay, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, Sectors, 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,...

Legitimate protectable interest: Enforcing restraint?

by GilesFiles | Jan 29, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Evidence & onus, Free and fair, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Management, Manufacturing, Markets in SA, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, Sectors, Topics, 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,...

Age-based discrimination: Section 187(2)(b) of LRA?

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Granted, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Markets in SA, Notice requirements, Operation of law, Orders, Parties, philosophy / economics, Policies - all, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retired judges, Retirement, Review tests, RMM Zondo, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (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,...

Persisting with hopeless case: Invalid dismissal reason

by GilesFiles | Sep 6, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Retired judges, Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, 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,...

Oppressive or prejudicial conduct: Appeal allowed

by GilesFiles | Mar 26, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, MJD Wallis, Orders, Parties, Personal services, Private enterprises, Retired judges, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, 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,...

Limited business transfer: Cross-border transport service

by GilesFiles | Nov 30, 2023 | 2020 onwards, Appeals, Causes and defences, Courts, Declaratory, Deemed, Dennis Davis, Granted, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Retired judges, Review tests, Sectors, Selected judges, 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,...

Conduct of retired judges: Constitutional challenge

by GilesFiles | Apr 14, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pleadings: amending, Retired judges, Roland Sutherland, Sectors, Selected judges, State organs, Statutory, Topics | 0 |

Seriti v Judicial Service Commission When conduct of retired judges is questioned what relevant provisions are regarded as constitutionally valid and binding? “[25] The utilisation of the concept of a “discharge from...

Larger merger participation: Make representations?

by GilesFiles | Sep 5, 2022 | Allowed, Appeals, Appeals - leave, Balancing interests, Causes and defences, Competition Appeal Court, Costs, Costs awarded, Courts, Declaratory, Dennis Davis, Insights, Judges, Legal Practice, Legislation, Markets in SA, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Retired judges, Sectors, Statutory, Termination (LRL 8), Topics | 0 |

Northam Platinum Holdings Ltd v Impala Platinum Holdings Ltd In considering participation in a larger merger when should CAC intervene and impose a rigid procedure on Tribunal? “[59] Let me emphasise: This Court should...

Substituting demarcation award: LRA s62 permissible?

by GilesFiles | Dec 10, 2021 | 2020 onwards, Appeals, Appeals - leave, Applications, Bargaining councils, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Demarcations, Disallowed, Judges, Labour Relations, Legal Practice, LP Tlaletsi, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Retired judges, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Exceptional performance bonus: Protected strikers?

by GilesFiles | Dec 14, 2020 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Collective Bargaining (LRL 5), Common law, Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), erroneously sought, Exceptions/special pleas, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 02: 4-10 FOA, LRA 04: 64-77 Strikes, LRA 07: 112-184 Dispute, LRA 1995, LRA 67 protected strike, Mining, Objective - correctness, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Private enterprises, Retired judges, Review tests, Sectors, Special pleas, Statutes (LRL 2)-work, Topics, Trade unions, 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,...

Determining true cause: Misconduct not union activities

by GilesFiles | Dec 14, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, AUD, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Retired judges, Review tests, Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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: Retired judges