Municipal managers Archives

Binding court orders: When null and void?

by GilesFiles | Feb 14, 2022 | 2020 +, Allowed, appeal, Appeals, Attorney client scale, ConCourt judges, Constitutional Court, Contempt of court, Courts, Dhaya Pillay, Dispute Resolution (LRL 3), Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Municipal managers, Orders, Orders re costs, Parties, Sectors, Statutes (LRL 2) - work law, 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,...

Unenforceable rights considered: Appointments expired

by GilesFiles | Sep 21, 2021 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, General, Government, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, MPN Nkutha-Nkontwana, Municipal, Municipal managers, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Urgency | 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,...

Municipal manager reinstated: Appointment letter clear

by GilesFiles | May 4, 2021 | 2020 +, Applications, Courts, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Fixed-term contracts, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Municipal managers, Operation of law, Orders, Parties, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 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,...

Municipal manager appointment: Financial gross misconduct

by GilesFiles | Feb 15, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Capacity, Causes of action, Courts, Disallowed, Dispute Resolution (LRL 3), Government, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Municipal, Municipal managers, Orders, P Coppin, Parties, Regulations, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (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,...

Court contempt considered: Onus not discharged

by GilesFiles | Jan 21, 2021 | 2020 +, Allowed, appeal, Appeals, Applications, Contempt of court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Onus of proof, Orders, Parties, SCA judges, Sectors, Specific performance, Supreme Court of Appeal, Topics | 0 |

Ndabeni v OR Tambo District Municipality SCA considered contempt of court and decided that respondents had not provided any explanation for the failure to apply resolution 10/11 to the appellant and this grave omission left a...

Evidence completely lacking: Award set aside

by GilesFiles | Dec 2, 2020 | 2020 +, Acting LAC judges, Appeals, Awards -s145, Courts, Dismissal generally, Dispute Resolution (LRL 3), Government, Invalid or unfair reason, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Municipal managers, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Employing municipal managers: Renew or extend contract?

by GilesFiles | Oct 7, 2020 | 2020 +, appeal, Appeals, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Government, Judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Operation of law, Orders, Parties, SCA judges, Sectors, Supreme Court of Appeal, Termination & dismissal (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,...

Plascon-Evans rule: Two exceptions to general rule

by GilesFiles | Aug 24, 2020 | 2020 +, Applications, Appointed LC judges, Courts, Dismissal generally, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Government, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Municipal managers, Orders, Orders re costs, Parties, Plascon-Evans rule, Procedural issues, Refused, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Condoning late applications: Intervention team appointed

by GilesFiles | Jan 31, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Condonation, Courts, Dispute Resolution (LRL 3), Government, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Municipal managers, Not awarded, Orders, Orders re costs, Parties, Refused, Review tests, Rules, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, 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,...

Unlawful suspension reversed: Non-compliance with regulations

by GilesFiles | Jan 3, 2020 | 2020 +, Acting LC judges, Applications, Causes of action, Courts, Declaratory, Evidence and onus, Granted, Gross misconduct, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, LC Rules, Legal Practice, Municipal, Municipal managers, Orders, Orders re costs, Parties, Plascon-Evans rule, Regulations, Rules, Sean Snyman, Sectors, Termination & dismissal (LRL 8), Topics, Urgency, Zungu doctrine | 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,...

Alleged financial mismanagement: Municipal manager

by GilesFiles | Nov 26, 2019 | 2019, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, H Rabkin-Naicker, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Orders, Orders re costs, Parties, Provincial, Rules, Sectors, Separation settlement agreements, Topics, Urgency | 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,...

Municipal manager appointments: Mootness

by GilesFiles | Nov 21, 2019 | 2019, appeal, Appeals, Bill of Rights, Common law review, ConCourt judges, Constitutional Court, Courts, Disallowed, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, PAJA 2000, Parties, Review tests, Rules, Sectors, State self-reviews, Topics, Uniform High Court | 0 |

Notyawa v Makana Municipality Municipal manager appointments examined and found that leave to appeal had to be refused because in the concurring judgment of Froneman J the issues were already moot and no purpose would be...

Category: Municipal managers