BM Whitcher Archives

Legitimate operational justification: Competing for position?

by GilesFiles | Mar 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BM Whitcher, Causes and defences, Courts, Declaratory, Evidence & onus, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Management, Managerial prerogative, Operational reasons, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Restructuring, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

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Declaring vexatious litigant: Coupled with contempt

by GilesFiles | Feb 20, 2025 | 2020 onwards, Applications, Bill of Rights, BM Whitcher, Causes and defences, Contempt, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Provincial, Resolving disputes (LRL 3), Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Providing security considered: Stay and enforcement?

by GilesFiles | Jan 31, 2025 | 2020 onwards, Applications, BM Whitcher, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Orders, Parties, Provincial, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Security s145, Selected judges, State organs, Statutes (LRL 2)-work, staying proceedings, Topics | 0 |

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Renewing fixed-term contracts: Interim relief granted

by GilesFiles | Jan 21, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Applications, Bill of Rights, BM Whitcher, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Fixed-term, Government, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, LRA D: 151-166 LC, Management, Orders, Parties, Personal services, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rule nisi, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics, 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,...

Age discrimination confirmed: Automatically unfair dismissal

by GilesFiles | Sep 16, 2024 | 2020 onwards, AUD, Bill of Rights, BM Whitcher, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Settling under duress: Proof of dismissal?

by GilesFiles | May 20, 2024 | 2020 onwards, Applications, BM Whitcher, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Mutual termination, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Deeming indefinite employment: Contravention not proved

by GilesFiles | Apr 3, 2024 | 2020 onwards, BM Whitcher, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Effect of early retirement: Contract not terminated

by GilesFiles | Mar 12, 2024 | 2020 onwards, BM Whitcher, Causes and defences, Contractual breach, Courts, Declaratory, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Pleadings: amending, Retirement, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Reinstatement primary remedy: Valid and fair reason?

by GilesFiles | Mar 6, 2024 | 2020 onwards, Awards -s145 see also Sidumo, BM Whitcher, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Orders, Parties, Private enterprises, Reinstatement, Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Words & phrases | 0 |

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Delaying disciplinary action: Waiver and election considered

by GilesFiles | Nov 17, 2023 | 2020 onwards, Applications, BM Whitcher, Causes and defences, Courts, Declaratory, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8b: 185-186(2) Practices, Objective - correctness, Orders, Parties, Provincial, Refused, Review tests, Rules Codes & Manual, Sectors, 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,...

Reinstating protected strikers: Immunity not forfeited

by GilesFiles | Oct 17, 2023 | 2020 onwards, AUD, Bill of Rights, BM Whitcher, Causes and defences, Collective Bargaining (LRL 5), Conduct & capacity, Contempt, Contractual breach, Costs, Courts, Declaratory, Derivative action, Evidence & onus, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike - protected, Strikes - 64, Termination (LRL 8), Topics | 0 |

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Deserting workplace evaluated: Valid and fair dismissal

by GilesFiles | Oct 13, 2023 | 2020 onwards, Absenteeism, BM Whitcher, Conduct & capacity, Costs, Courts, Insubordination, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, 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: BM Whitcher