Legislation Archives

LRA 1995

Racial discriminatory remark: Valid dismissal reason?

by GilesFiles | Jul 14, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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 unproved: Objective test applied

by GilesFiles | Jul 9, 2026 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade | 0 |
Strained employment relationship: Incapacity & ill health

by GilesFiles | Jul 8, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Compensation or damages, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MR Makhura, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |
Vexatious litigation curbed: Restraining order granted

by GilesFiles | Jul 7, 2026 | 2020 onwards, Causes and defences, Constitutional Court, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |
Incomplete disciplinary proceedings: Jurisdiction lacking?

by GilesFiles | Jun 30, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, erroneously sought, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Municipal, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

EEA 1998

Recognised arbitrary ground: Qualifications?

by GilesFiles | May 18, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Exceptions/special pleas, False assumptions, 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 1995, Objective - correctness, Orders, Parties, Pay differentials, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

All
All
All
All

Racial discriminatory remark: Valid dismissal reason?

by GilesFiles | Jul 14, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Enforcing trade restraint: Rules 38 & 39 applied

by GilesFiles | Jul 10, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics | 0 |
Locus standi lacking: Appointment of municipal manager

by GilesFiles | Jul 10, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Local, Municipal managers, Orders, Parties, Refused, Resolving disputes (LRL 3), Sectors, Special pleas, State organs, Statutory, Topics | 0 |
Constructive dismissal unproved: Objective test applied

by GilesFiles | Jul 9, 2026 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade | 0 |
Strained employment relationship: Incapacity & ill health

by GilesFiles | Jul 8, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Compensation or damages, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MR Makhura, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

Racial discriminatory remark: Valid dismissal reason?

by GilesFiles | Jul 14, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Enforcing trade restraint: Rules 38 & 39 applied

by GilesFiles | Jul 10, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics | 0 |
Locus standi lacking: Appointment of municipal manager

by GilesFiles | Jul 10, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Local, Municipal managers, Orders, Parties, Refused, Resolving disputes (LRL 3), Sectors, Special pleas, State organs, Statutory, Topics | 0 |
Constructive dismissal unproved: Objective test applied

by GilesFiles | Jul 9, 2026 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade | 0 |
Strained employment relationship: Incapacity & ill health

by GilesFiles | Jul 8, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Compensation or damages, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MR Makhura, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

Racial discriminatory remark: Valid dismissal reason?

by GilesFiles | Jul 14, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Enforcing trade restraint: Rules 38 & 39 applied

by GilesFiles | Jul 10, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics | 0 |
Locus standi lacking: Appointment of municipal manager

by GilesFiles | Jul 10, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Local, Municipal managers, Orders, Parties, Refused, Resolving disputes (LRL 3), Sectors, Special pleas, State organs, Statutory, Topics | 0 |
Constructive dismissal unproved: Objective test applied

by GilesFiles | Jul 9, 2026 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade | 0 |
Strained employment relationship: Incapacity & ill health

by GilesFiles | Jul 8, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Compensation or damages, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MR Makhura, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

Racial discriminatory remark: Valid dismissal reason?

by GilesFiles | Jul 14, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Enforcing trade restraint: Rules 38 & 39 applied

by GilesFiles | Jul 10, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics | 0 |
Locus standi lacking: Appointment of municipal manager

by GilesFiles | Jul 10, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Local, Municipal managers, Orders, Parties, Refused, Resolving disputes (LRL 3), Sectors, Special pleas, State organs, Statutory, Topics | 0 |
Constructive dismissal unproved: Objective test applied

by GilesFiles | Jul 9, 2026 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade | 0 |
Strained employment relationship: Incapacity & ill health

by GilesFiles | Jul 8, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Compensation or damages, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MR Makhura, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

Category: Legislation

Racial discriminatory remark: Valid dismissal reason?

Constructive dismissal unproved: Objective test applied

Strained employment relationship: Incapacity & ill health

Vexatious litigation curbed: Restraining order granted

Incomplete disciplinary proceedings: Jurisdiction lacking?

Recognised arbitrary ground: Qualifications?

Arbitrary grounds discrimination: Absolution granted

Operational requirements dismissal: Unfair substance & procedure?

Granting leave to amend: Restricted to certain issues

Invalid discriminatory grounds: Arbitrary ground of exploitation?

Racial discriminatory remark: Valid dismissal reason?

Enforcing trade restraint: Rules 38 & 39 applied

Locus standi lacking: Appointment of municipal manager

Constructive dismissal unproved: Objective test applied

Strained employment relationship: Incapacity & ill health

Racial discriminatory remark: Valid dismissal reason?

Enforcing trade restraint: Rules 38 & 39 applied

Locus standi lacking: Appointment of municipal manager

Constructive dismissal unproved: Objective test applied

Strained employment relationship: Incapacity & ill health

Racial discriminatory remark: Valid dismissal reason?

Enforcing trade restraint: Rules 38 & 39 applied

Locus standi lacking: Appointment of municipal manager

Constructive dismissal unproved: Objective test applied

Strained employment relationship: Incapacity & ill health

Racial discriminatory remark: Valid dismissal reason?

Enforcing trade restraint: Rules 38 & 39 applied

Locus standi lacking: Appointment of municipal manager

Constructive dismissal unproved: Objective test applied

Strained employment relationship: Incapacity & ill health