Anton Myburgh Archives

Personal or substituted service: Leave granted

by GilesFiles | Nov 8, 2024 | 2020 onwards, Anton Myburgh, Applications, Causes and defences, Contempt, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, LCP Manual, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, New LC Rules, Orders, Parties, Personal services, Pleadings, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics, Uniform HC | 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,...

Money-lending scheme: Valid and fair dismissal

by GilesFiles | Oct 18, 2024 | 2020 onwards, Anton Myburgh, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capability, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Gross misconduct, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Unauthorised absenteeism considered: Deemed dismissal?

by GilesFiles | Sep 13, 2024 | 2020 onwards, Absenteeism, Anton Myburgh, Applications, Automatic, Causes and defences, Central, Contractual breach, Courts, Declaratory, Deemed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Pleadings, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, State organs, 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,...

Reinstated without backpay: Valid but unfair reason

by GilesFiles | Sep 10, 2024 | 2020 onwards, Anton Myburgh, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Training course suspended: Contractual breach proved?

by GilesFiles | Jul 25, 2018 | 2018, Anton Myburgh, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, General, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Resolving disputes (LRL 3), Sectors, State Owned Enterprises, 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,...

Restating review test: Myburgh AJ’s helpful formulation

by GilesFiles | May 10, 2018 | 2018, Anton Myburgh, Awards -s145 see also Sidumo, Construction industry, Courts, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Recusal, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, 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,...

Dispute resolution without evidence: Labour practice

by GilesFiles | Oct 17, 2017 | 2017, Anton Myburgh, Central, Courts, Jurisdiction & powers, Labour Court, Labour Relations, LC Rules, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Sectors, 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,...

Unlawful competition restraint: valid and binding

by GilesFiles | Sep 18, 2017 | 2017, Anton Myburgh, Causes and defences, Jurisdiction & powers, Labour Court, Resolving disputes (LRL 3), Restraints, Sectors | 0 |

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Stopping disciplinary inquiries: Pending procedural rulings

by GilesFiles | Aug 28, 2017 | 2017, Anton Myburgh, Bill of Rights, Central, Hearing procedure, Interdicts & rules, Jurisdiction & powers, Labour Court, Legality principle | 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,...

Precautionary transfer: Unprotected strike interdicted

by GilesFiles | Aug 10, 2017 | 2017, Anton Myburgh, Interdicts & rules, Jurisdiction & powers, Labour Court, LRA 1995, Municipal, Power plays (LRL 6), Practices (LRL 9), Resolving disputes (LRL 3), Strike s68 unprotected | 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,...

Employee misrepresentation: CV containing false statements

by GilesFiles | Aug 8, 2017 | 2017, Anton Myburgh, Courts, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, 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,...

Peremptory organisational factors: Exercising union rights

by GilesFiles | Jan 31, 2017 | 2017, Anton Myburgh, Anton Steenkamp, Collective Bargain (LRL 5), Courts, Deceased judges, ERelations (LRL 1), Government, John Murphy, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Municipal, Objective - correctness, Orders, Organisations (LRL 4), Parties, Review tests, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

Imatu v CCMA (Stellenbosch and Matusa) (CC344/2016) [2017] ZALCCT 1 ; [2017] 6 BLLR 613 ; (2017) ILJ 2027 (31 January 2017) per Steenkamp J. The labour court reviewed and set aside an award after holding that the arbiter had...

Category: Anton Myburgh