Agriculture Archives

Trade union status: Constitution precluded membership

by GilesFiles | Jun 21, 2024 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 9: 198-213 General, Orders, Organisations (LRL 4), Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Bumping onerous and unreasonable: Fair reason to dismiss

by GilesFiles | Mar 5, 2024 | 2020 onwards, Agriculture, Causes and defences, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Sactwu obo members v Fyvie NO When is bumping onerous and unreasonable in context of different farming operations requiring special skills? “44. In my view the decision of the Applicants to ‘retrench’ only the...

Affording right to respond: Moot and academic

by GilesFiles | Jan 5, 2024 | 2020 onwards, AB - Law generally, ABB - Fairness principle or concept, Agriculture, Applications, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Hearing procedure, Insights, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Molatelo Robert Makhura, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Risks, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Hourly wage rate: NMW – Calculation considered

by GilesFiles | Oct 18, 2023 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Claiming unworked overtime: Trust relationship destroyed

by GilesFiles | Oct 11, 2023 | 2020 onwards, Agriculture, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, 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,...

Restoring land rights: Compensation awarded

by GilesFiles | Oct 4, 2023 | Agriculture, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Land Claims Court, Land Claims Court Judges, Legal Practice, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutory, Topics | 0 |

Izaacs v Government of the RSA What relevant factors need to be considered by the land claims court when awarding compensation in a dispute concerning restoring land rights? “31. In a case confined to compensation, s 33...

Refunding agency fees: Purpose of LRA s 25

by GilesFiles | Aug 17, 2023 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Jurisdiction to evict occupier: Leave to appeal

by GilesFiles | Jun 21, 2023 | Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Goedverwachting Farm (Pty) Ltd v AJR When is jurisdiction of LCC ousted when deciding whether or not to evict occupier carrying on farming operations by himself? “[15] Considering the Applicant’s submissions, the...

Unprotected strike action: Refused leave to appeal

by GilesFiles | Jun 15, 2023 | 2020 onwards, Agriculture, Applications, Causes and defences, Confirmed, Contractual breach, Costs, Courts, Declaratory, Granted, High Court, High Court judges, Interdicts & rules, Irregular proceeding, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Rule nisi, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Topics | 0 |

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Fair operational dismissals: Mistaken belief explained

by GilesFiles | May 26, 2023 | 2020 onwards, Agriculture, Applications, Associations/corporates, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, 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 order ignored: Contempt and fine

by GilesFiles | May 6, 2023 | 2020 onwards, Agriculture, Causes and defences, Conduct & capability, Costs, Courts, GN Moshoana, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Private security, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Prohibitory occupation interdict: Appeal allowed

by GilesFiles | Apr 14, 2023 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

Moshe v Minister of Agriculture, Land Reform and Rural Development When will a prohibitory occupation interdict be granted concerning alleged unlawful invasion and occupation of land? “[11] In essence the basis of the...

Category: Agriculture