GN Moshoana Archives - Page 4 of 20

Retrospective reinstatement ordered: Imposing lesser sanction?

by GilesFiles | Jun 1, 2026 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Conduct unbecoming, Costs, Costs not awarded, Courts, Declaratory, GN Moshoana, 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, LRA Sch 8: GP Code, Orders, Parties, Private enterprises, Progressive, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence, Unlawful and void | 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,...

Effective dispute resolution: Striking out application

by GilesFiles | Apr 14, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Disallowed, Exceptions/special pleas, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics, Trade | 0 |

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Correct objective test: Onus reversed?

by GilesFiles | Apr 8, 2026 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Gross procedural unfairness: Substantively unfair as well?

by GilesFiles | Mar 31, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Contractual breach, Costs, Courts, GN Moshoana, ILO Convention 158/1982, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Applying incorrect standard: Review not an appeal?

by GilesFiles | Mar 26, 2026 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, BCEA 77(3) & 77A(e), Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Transport & communication, Trust & confidence | 0 |

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Conduct worthy of dismissal: Inappropriate language?

by GilesFiles | Mar 24, 2026 | 2020 onwards, Agriculture, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, GN Moshoana, Insolence and disrespect, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Pending disciplinary proceedings: LRA sec 188A(11)?

by GilesFiles | Mar 17, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Courts, Finance, General, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Capacity-related reasons: ILO Convention applied

by GilesFiles | Feb 5, 2026 | 2020 onwards, BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Central, Conduct & capacity, Costs, Costs not awarded, Courts, GN Moshoana, Illness & injury, ILO Conventions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Cost-of-living adjustments: Section 18 of NPAA

by GilesFiles | Nov 20, 2025 | 2020 onwards, Applications, Causes and defences, Central, Costs not awarded, Courts, Declaratory, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Suspension of statutory powers: Interdictory relief inappropriate

by GilesFiles | Aug 28, 2025 | 2020 onwards, AH05 - EEA, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Regulations, Employ Equity (LRL 12), Free and fair, GN Moshoana, Government, High Court, High Court judges, ILO Convention 111/1958, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Manufacturing, Markets in SA, Orders, Parties, Refused, Refused, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 0 |

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Disputed settlement agreement: Valid or invalid?

by GilesFiles | Nov 17, 2023 | 2020 onwards, Causes and defences, Costs, Courts, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics | 0 |

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Conduct related dismissals: Opportunity to be heard

by GilesFiles | Nov 15, 2023 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Applications, Causes and defences, Collective action, Conduct - gross, Conduct & capacity, Costs, Courts, Declaratory, Disputes: right or interest, Fair procedure, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Category: GN Moshoana