Construction industry Archives

Transferring business undertaking: Legal principles applied

by GilesFiles | Nov 27, 2025 | 2020 onwards, Appeals, B Waglay, Balancing interests, Causes and defences, Common law, Construction industry, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 197 - transfers, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Reinstatement practically impossible: Compensation awarded

by GilesFiles | Nov 26, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Balancing interests, Causes and defences, Compensation or damages, Construction industry, Contractual breach, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, Minute: pre-trial or arb, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Insubordination or insolence: Not unreasonable award

by GilesFiles | Sep 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Conduct & capacity, Conduct unbecoming, Construction industry, Contractual breach, Courts, Declaratory, False assumptions, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Operational requirements termination: Nature of possible claims

by GilesFiles | May 19, 2025 | 2020 onwards, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bumping, Causes and defences, Compensation or damages, Connie Prinsloo, Construction industry, Costs, Courts, Damages, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Minute: pre-trial or arb, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Genuine operational requirements: Notice pay ordered

by GilesFiles | Sep 6, 2024 | 2020 onwards, BCEA 1997 (LRL 10), Causes and defences, Construction industry, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Providing adequate security: Show significant prejudice

by GilesFiles | Sep 6, 2024 | 2020 onwards, Applications, Causes and defences, Construction industry, Costs, Courts, Declaratory, Evidence & onus, 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, Manufacturing, MR Makhura, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Security s145, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Alleged fronting disproved: Practice and B-BBEE status?

by GilesFiles | Apr 19, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Construction industry, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Disputed employment relationship: Clerk of Works

by GilesFiles | Feb 12, 2024 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 197 - transfers, MR Makhura, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Collective agreement exemption: Allowed appeal

by GilesFiles | Jan 23, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Construction industry, Costs, Courts, Declaratory, H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, PAJA 2000, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Coping with Covid epidemic: Unpaid layoff alternative?

by GilesFiles | Nov 10, 2023 | 2020 onwards, Bumping, Causes and defences, Construction industry, Contractual breach, Costs, Courts, Covid-19 issues, Declaratory, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, RGO Lagrange, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Interpreting alleged misconduct: Charge sheet folly?

by GilesFiles | Oct 18, 2023 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Construction industry, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Fair procedure, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Pleadings: amending, Private enterprises, Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Disputing settlement agreement: Valid and binding

by GilesFiles | Oct 18, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Construction industry, Courts, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Review tests, Sectors, Settlement agreements, Statutes (LRL 2)-work, Statutory, 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: Construction industry