MTM Phehane Archives - Page 2 of 2

Urgent declaratory orders: Ordinary course hearing?

by GilesFiles | Mar 10, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MTM Phehane, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Struck off, Termination (LRL 8), Topics, 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,...

Maternity leave allowances: Wages and benefits?

by GilesFiles | Feb 25, 2026 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Mining, MTM Phehane, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, 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,...

Fictitious consignment transactions: Inconsistent disciplinary action?

by GilesFiles | Jan 26, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct - gross, Conduct & capacity, Consistency element, Contractual breach, Courts, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MTM Phehane, Orders, Parties, Review tests, Sectors, Sidumo - see also awards s 145, 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,...

Normal retirement age: Agreed termination?

by GilesFiles | Jan 26, 2024 | 2020 onwards, Causes and defences, Costs, Courts, 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, MTM Phehane, Orders, Parties, 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,...

Anton Piller type application: Self-created urgency

by GilesFiles | Oct 24, 2023 | 2020 onwards, Anton Piller, Applications, Causes and defences, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Manufacturing, MTM Phehane, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Struck off, 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,...

Breaching fixed-term agreement: Assessing damages?

by GilesFiles | Jan 27, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 144 and 165 rescissions, LRA 1995, MTM Phehane, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, State Owned Enterprises, 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,...

Automatically unfair dismissal: Protected disclosure

by GilesFiles | Jan 18, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Harass & bully, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Minute: pre-trial or arb, MTM Phehane, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, 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,...

Religious discrimination considered: Automatically unfair dismissal

by GilesFiles | Jan 17, 2023 | 2020 onwards, Costs, Courts, Judges, Labour Court, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, MTM Phehane, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, 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,...

Fair pay differentiation: Discrimination not proved

by GilesFiles | Feb 21, 2022 | 2020 onwards, AF - Internal equity external parity, Applications, Central, Costs, Costs not awarded, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Evidence & onus, Government, Insights, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Minute: pre-trial or arb, MTM Phehane, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

Mogopodi v Dept Agriculture, Rural Development, Land and Environmental Affairs Does length of service justify fair pay differentiation even if no extra value is added by such an employee? It seems that the labour court is...

Counterclaim damages awarded: Unprotected strike

by GilesFiles | Jan 23, 2020 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Collective action, Collective Bargaining (LRL 5), Compensation or damages, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, MTM Phehane, Orders, Parties, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Category: MTM Phehane