SOEs (State Owned Enterprises) Archives

Apprehension of irreparable harm: Well-grounded?

by GilesFiles | May 30, 2022 | 2020 +, A.G. Binns-Ward, Applications, Awarded, Causes of action, Central, Courts, Declaratory, Evidence and onus, Evidentiary burden, Government, High Court, High Court judges, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, PAJA 2000, Parties, Personal services, Refused, Regulations, Review tests, Rules, Sectors, SOEs (State Owned Enterprises), Statutory, staying proceedings and execution, Topics, Urgency | 0 |

E v The Health Professionals Council of SA When is there a genuine apprehension of irreparable harm that requires a court to stay an investigation into alleged unethical conduct? “[43] All of this leads me to conclude that...

Jurisdiction to arbitrate dispute: LRA 186(2)(a) re benefits

by GilesFiles | May 11, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, Benefits - 186(2)(a), Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Electricity, Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, MZN Lallie, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Review tests, Rules, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Statutory, Topics | 0 |

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Minister’s unfair conduct: Exceeding authority and powers

by GilesFiles | Feb 18, 2022 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Causes of action, CCMA rules, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Finance, GN Moshoana, Interpretation and application, Joinder of parties, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Not awarded, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Special pleas, Specific performance, Statement of claim, Statutes (LRL 2) - work law, supervening impossibility, Topics | 0 |

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Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 +, Appointed LC judges, Awards -s145, Capacity, Causes of action, Central, Con 158 (1982), Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Government, Holistic evaluation, Ill health and illness, ILO Conventions, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason, Without forfeiting rights | 0 |

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Intervening impossibility absent: Obligatory contributions

by GilesFiles | Dec 30, 2021 | 2020 +, 2020 +, Allowed, appeal, Appeals, Causes of action, Central, Contractual breach, Courts, Exceptions/special pleas, Government, Impossible or illegal performance, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Orders re costs, Organs of state, Parties, punitive costs, Roman Dutch law principles, SCA judges, Sectors, SOEs (State Owned Enterprises), Special pleas, Supreme Court of Appeal, Topics | 0 |

Post Office Retirement Fund v SA Post Office Soc Ltd SCA rejected an argument concerning intervening impossibility of performance and upheld the appeal after deciding there were no tenable legal defences and the apparent purpose...

Employer moved goalposts: Unfair promotion practice

by GilesFiles | Aug 16, 2021 | 2020 +, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Causes of action, Courts, Declaratory, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA 6, EEA Chpt II ss 5-11, Employment Equity Act 1998, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Not awarded, Orders, Orders re costs, Organs of state, Parties, Promotion / demotion - 186(2)(a), Review tests, Rules, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Statutory, Topics, Transport & communication, Work Science Institute | 0 |

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Implementing wage unilaterally: Lawfulness questioned?

by GilesFiles | Jul 6, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Electricity, Evidence and onus, Exceptions/special pleas, GN Moshoana, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Power plays (LRL 6), Res judicata (issue estoppel), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics | 0 |

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Abusing court processes: Application struck off

by GilesFiles | Jun 30, 2021 | 2020 +, Airline pilots, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), estoppel by representation, Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 7, Legal Practice, lis alibi pendens, Lockout/exclusion, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Power plays (LRL 6), Rules, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Struck off, Topics, Transport & communication | 0 |

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Probationary period expired: Dismissal not proved

by GilesFiles | Jun 28, 2021 | 2020 +, Appointed LC judges, Causes of action, Contractual breach, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, GN Moshoana, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Orders, Organs of state, Parties, Probation - `186(2)(a), Probation or trial, Provisos, Review tests, Rules, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication, Valid reason and fair reason | 0 |

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Oral evidence ordered: Disputed settlement agreement

by GilesFiles | Jun 7, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, expedited hearing, Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Oral, Orders, Parties, Plascon-Evans rule, Rules, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Transport & communication | 0 |

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Guarding consultation process: Collective agreement explained

by GilesFiles | Jun 4, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Central, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Operational process -s189A(13), Orders, Parties, Rules, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thought Leaders, Topics, Urgency | 0 |

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Replacement employees allowed: Targeted lockout

by GilesFiles | May 23, 2021 | 2020 +, Airline pilots, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Exceptions/special pleas, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/exclusion, Logistics, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Power plays (LRL 6), Refused, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Topics, Transport & communication | 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: SOEs (State Owned Enterprises)