Selected judges Archives

Retrenchment consultation process: LRA sec 189A(13)

by GilesFiles | Oct 30, 2025 | 2020 onwards, Balancing interests, Causes and defences, Costs not awarded, Courts, Declaratory, Granted, Inherent requirements, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics | 0 |

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Pure economic loss: Wrongfulness and fault?

by GilesFiles | Oct 24, 2025 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, RM Keightley, Rules Codes & Manual, SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 0 |

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Suspension pending enquiry: Precautionary in nature?

by GilesFiles | Oct 22, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Refused, SDJ Wilson, Sectors, Selected judges, Statutory, Topics, Universities and schools | 0 |

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Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Insolence or insubordination: Justifying summary termination?

by GilesFiles | Oct 17, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Transferring business considered: Cause of action lacking

by GilesFiles | Oct 8, 2025 | 2020 onwards, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Topics | 0 |

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Employee leave provisions: Maternity parental & adoptive

by GilesFiles | Oct 3, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, ZLL Tshiqi | 0 |

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Employees sharing passwords: Invalid and unfair dismissal

by GilesFiles | Sep 30, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Causes and defences, Conduct unbecoming, Courts, Declaratory, District, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Fixed-term contract: Not varied and expired

by GilesFiles | Sep 22, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Automatic, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt V ss 34-52, Employ Equity (LRL 12), Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Operation of law, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Security bond exemption: Staying enforcement

by GilesFiles | Sep 12, 2025 | 2020 onwards, Applications, Balancing interests, Causes and defences, Contractual breach, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Security s145, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Termination (LRL 8), Topics | 0 |

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Exemption from internal remedies: Must be exhausted?

by GilesFiles | Sep 10, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, DN Unterhalter, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Retirement age not agreed: Automatically unfair dismissal

by GilesFiles | Sep 9, 2025 | 2020 onwards, Applications, AUD, Causes and defences, Compensation, Contractual breach, Courts, Declaratory, Direct and indirect discrimination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Sectors, 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,...

Category: Selected judges