Sectors Archives - GilesFiles

Trade unions
All
Bargaining councils

Departing from ordinary procedure: Failure of justification

by GilesFiles | Oct 20, 2026 | 2020 onwards, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, General, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC-Practice Manual, Legal Practice, Legislation, LRA 1995, Orders, Organisations (LRL 4), Parties, Personal services, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, Suzanna Harvey, Topics, Trade unions | 0 |

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Misusing union funds: Abusing court processes?

by GilesFiles | Oct 19, 2026 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Edwin Tlhotlhalemaje, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, staying proceedings, Struck off, Topics, Trade unions | 0 |
Breaching membership mandate: Trade union to pay

by GilesFiles | Sep 11, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Compensation or damages, Costs, Costs awarded, Courts, Damages, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, SDJ Wilson, Sectors, Topics, Trade unions | 0 |
Claiming additional compensation: No independent right?

by GilesFiles | Mar 25, 2026 | 2020 onwards, 65 limitations, 67 protected strike, 68 strike unprotected, Allowed, Appeals, Appeals - leave, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, ConCourt judges, Constitutional Court, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SA Majiedt, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade, Trade unions | 0 |
Removing current administrator: Long-standing administration?

by GilesFiles | Jan 28, 2026 | 2020 onwards, Applications, Causes and defences, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Edwin Tlhotlhalemaje, Granted, Insolvency, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 06: 95-111 Unions, LRA 1995, Manufacturing, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 0 |

Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Late filing of review: Condonation declined

by GilesFiles | Apr 13, 2026 | 2020 onwards, Bargaining councils, Causes and defences, Condonation, Costs, Costs not awarded, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics, Transport & communication | 0 |

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Associations/corporates
BC and HOAs
Private enterprises
Co-operatives
Universities and schools
Municipal managers

Discrimination dispute not conciliated: Jurisdiction lacking?

by GilesFiles | Oct 30, 2026 | 2020 onwards, Associations/corporates, Cause of action defined, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resignations, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), Topics | 0 |

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Granting declaratory relief: Jurisdiction lacking?

by GilesFiles | Oct 16, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Unlawful and void | 0 |
Once-and-for-all rule: Application to facts

by GilesFiles | Sep 17, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |
Valid BEE certificate: unjustifiable freedom limitation

by GilesFiles | Sep 8, 2026 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Estate agents, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Sectors, Statutory, staying proceedings, Topics | 0 |
Dialogue and reflection required: Invalid disciplinary procedure?

by GilesFiles | May 11, 2026 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Refused, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Material error of law: Section 57 of CSOS Act?

by GilesFiles | Aug 31, 2026 | 2020 onwards, Appeals, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, Disallowed, erroneously sought, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Claiming demolition & penalties: Reasons for rejection?

by GilesFiles | Aug 18, 2026 | 2020 onwards, Applications, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |
Curator ad litem: Appointing provisional curator

by GilesFiles | Jun 3, 2026 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Res judicata (issue estoppel), SDJ Wilson, Sectors, Statutory, Topics | 0 |
Body corporate administrator: When to appoint?

by GilesFiles | Feb 27, 2026 | 2020 onwards, Applications, BC and HOAs, Cause of action defined, Causes and defences, Community schemes, Consumer protection, Costs, Costs awarded, Courts, Declaratory, erroneously sought, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |
Breaching fiduciary duty: Trustee misconduct?

by GilesFiles | Feb 13, 2026 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Cause of action defined, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics, Trustees | 0 |

Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Deactivating access cards: Unlawful management action

by GilesFiles | Feb 1, 2021 | 2020 onwards, André van Niekerk, Applications, Co-operatives, Construction industry, Courts, Declaratory, Discrimination (LRL 11), Granted, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 02: 4-10 FOA, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Sectors, Statutes (LRL 2)-work, Topics, Urgency | 0 |

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Worker co-operative members: Resolving potential statutory conflicts

by GilesFiles | May 15, 2018 | 2018, Appeals, Bargaining councils, Co-operatives, Courts, Declaratory, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Organisations (LRL 4), Parties, philosophy / economics, Sectors, Topics | 1 |
Organised co-operatives: Zama Zamas do work for mining company

by GilesFiles | Jun 22, 2017 | Co-operatives, Legislation, Organisations (LRL 4) | 0 |
Co-operatives: Viable and sustainable enterprises

by GilesFiles | Mar 2, 2017 | Co-operatives, Insights, Labour Relations, Legislation, Organisations (LRL 4), Parties, philosophy / economics, Topics | 0 |
Co-operatives: Innovative kind of economic enterprise

by GilesFiles | Feb 15, 2017 | 2017, 2017, BM Whitcher, Co-operatives, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legislation, LRA 08a: 185-197B Dismissal, LRA 09: 198-213 General, LRA 1995, Objective - correctness, Parties, philosophy / economics, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

Mutual separation agreement: LRA s 158(1)(c) rw 158(1A)

by GilesFiles | Aug 27, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disputes: right or interest, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Mutual termination, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Settlement agreements, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Training authorities, Universities and schools, Unlawful and void | 0 |

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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 |

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Appointment of municipal manager: Legality review

by GilesFiles | Nov 14, 2025 | 2020 onwards, Appeals, Causes and defences, Costs, Costs awarded, Costs punitive, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Local, Municipal managers, Orders, Parties, Review tests, SCA judges, Sectors, State organs, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |
Instating employee retrospectively: With full backpay

by GilesFiles | Aug 18, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, District, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, MPN Nkutha-Nkontwana, Municipal managers, Orders, PAJA 2000, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |
Invalid dismissal from outset: Full compensation awarded

by GilesFiles | Jul 8, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, District, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, MR Makhura, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |
Enforcing reinstatement order: Appeal but exceptional circumstances

by GilesFiles | Jun 11, 2025 | 2020 onwards, Appeals, Appeals - leave, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Local, LRA 07: 112-184 Dispute, LRA 1995, Municipal managers, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Central
Provincial
Municipal
State Owned Enterprises
All

Indefensible judgment and order: Compensation award reversed

by GilesFiles | Oct 22, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, erroneously sought, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Pleadings: amending, Promotion or demotion, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Alleged discrimination and unlawfulness: Unfair conduct?

by GilesFiles | Sep 30, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Pleadings: amending, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |
Expeditious dispute resolution: Need for finality

by GilesFiles | Sep 22, 2026 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, LC-Practice Manual, leave to appeal, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |
Damages for unlawful termination: Limited to notice period?

by GilesFiles | Sep 21, 2026 | 2020 onwards, Anton Myburgh, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Notice requirements, Orders, Parties, Resolving disputes (LRL 3), Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics | 0 |
Unsupported legal basis: Right not identified?

by GilesFiles | Sep 14, 2026 | 2020 onwards, Allowed, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, CCMA & BC, Central, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, LAC judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Personal services, Review tests, Sectors, Statutory, Topics | 0 |

Collective agreement interpreted: Professional nurses?

by GilesFiles | Sep 29, 2026 | 2020 onwards, Appeals, Cause of action defined, Causes and defences, Condonation, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Objective - correctness, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Fair hearing requirements: Consider and engage?

by GilesFiles | Aug 14, 2026 | 2020 onwards, Allowed, Appeals, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Municipal, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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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 |
Trusting municipal managers: Confidence destroyed

by GilesFiles | Apr 7, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Consumer protection, Contractual breach, Courts, Declaratory, Evidence & onus, Fair procedure, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Legitimate expectations, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Municipal, Municipal managers, Orders, Parties, Performance, PN Kroon, Protectable interests, Public policy, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 0 |
Irregular expenditure liability: Municipal officials in personal capacity

by GilesFiles | Nov 8, 2024 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Municipal, Orders, Parties, SCA judges, Sectors, State organs, Statutory, Supreme Court of Appeal, Topics | 0 |
Further evidence on appeal: Interests of justice

by GilesFiles | Jul 3, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MPN Nkutha-Nkontwana, Municipal, Orders, Parties, Resignations, Review tests, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Indefensible judgment and order: Compensation award reversed

by GilesFiles | Oct 22, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, erroneously sought, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Pleadings: amending, Promotion or demotion, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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All
All
Agriculture
All

Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Automatically unfair dismissals: Purported secondary strike?

by GilesFiles | Sep 1, 2026 | 2020 onwards, 65 limitations, Agriculture, AUD, Cause of action defined, Causes and defences, Collective action, Costs, Costs not awarded, Courts, Declaratory, Disputes: right or interest, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Fiduciary & contractual duties: Material non-disclosure

by GilesFiles | May 15, 2026 | 2020 onwards, Agriculture, Applications, Cause of action defined, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Logistics, Orders, Parties, Private enterprises, Sectors, Special pleas, Topics, Trade | 0 |
Correct objective test: Onus reversed?

by GilesFiles | Apr 8, 2026 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |
Genuine mediation offers: Eviction order granted

by GilesFiles | Mar 24, 2026 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |
Conduct worthy of dismissal: Inappropriate language?

by GilesFiles | Mar 24, 2026 | 2020 onwards, Agriculture, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, GN Moshoana, Insolence and disrespect, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

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Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Reasonable decision maker: Reasonable outcome?

by GilesFiles | Sep 15, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Finance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Suzanna Harvey, Termination (LRL 8), Topics, Trust & confidence | 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,...

Exchange control laws: Bitcoin & forfeiture order?

by GilesFiles | Jun 1, 2026 | 2020 onwards, Applications, Banks, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Finance, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Objective - correctness, Orders, PAJA 2000, Parties, Regulations, Review tests, SDJ Wilson, Sectors, Selected judges, State Owned Enterprises, Statutory, Topics | 0 |
Granting leave to amend: Restricted to certain issues

by GilesFiles | May 4, 2026 | 2020 onwards, Applications, Banks, BCEA 1997 (LRL 10), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA Chpt II ss 5-11, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |
Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |
Compromise agreement considered: Final settlement?

by GilesFiles | Oct 10, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Banks, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Unenforceable restraint agreement: Vague excessively broad

by GilesFiles | Apr 20, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Costs, Costs awarded, Courts, Declaratory, erroneously sought, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, self-created urgency, TC Gandidze, 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,...

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