Suzanna Harvey Archives

Complying with Employment Law: Interim protective relief

by GilesFiles | Jan 5, 2026 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), General, granted, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Suzanna Harvey, 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 labour practices: Benefit lawful but unfair?

by GilesFiles | Nov 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs awarded, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 194, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, 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,...

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 |

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,...

Transferring business considered: Cause of action lacking

by GilesFiles | Oct 8, 2025 | 2020 onwards, Cause of action defined, 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 |

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,...

Legal advice privilege: Application to strike out

by GilesFiles | Aug 29, 2025 | 2020 onwards, Access to information, Applications, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Local, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Suzanna Harvey, Topics, Words & phrases | 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,...

Reliance on hearsay evidence: Reviewable error

by GilesFiles | Nov 5, 2024 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Declaratory, Evidence & onus, General, Government, Hearsay, 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, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Suzanna Harvey, 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,...

Arbitrator misconduct considered: Rescission application pending

by GilesFiles | Nov 4, 2024 | 2020 onwards, Causes and defences, Conduct unbecoming, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA C: 133-150 CCMA, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Topics, Trade | 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,...

Constructive dismissal analysed: Salary reduced

by GilesFiles | Nov 22, 2022 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Costs not awarded, Courts, Covid-19 issues, Declaratory, Evidence & onus, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Trade | 0 |

Westcor SA (Pty) Ltd v TM Is a constructive dismissal inherently unfair and if not how must the facts be analysed and who bears the onus of proof? “[26] A ‘constructive dismissal’ occurs when the employee resigns because...

Preliminary jurisdictional issues: Claims prescribed?

by GilesFiles | Sep 21, 2021 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Constructive: 186(1)(e), Contractual breach, Costs, Courts, Evidence & onus, Exceptions/special pleas, Government, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Minute: pre-trial or arb, Orders, Parties, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Suzanna Harvey, Termination (LRL 8), Topics | 0 |

B v Defence and Military Veterans Labour court decided preliminary jurisdictional issues and confirmed that if the respondents had raised the provisions of the Institution of Legal Proceedings Act the applicant could then have...

Irregular arbitration proceedings: Facts not verified

by GilesFiles | Jul 2, 2021 | 2020 onwards, Awards -s145 see also Sidumo, Conduct & capacity, Courts, Declaratory, Fair procedure, Hospitality, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Suzanna Harvey, 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: Suzanna Harvey