Government Archives - GilesFiles

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 |

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,...

Treatment of probabilities: Different credibility findings?

by GilesFiles | Sep 22, 2026 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct unbecoming, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Substance, Suspicion, 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,...

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 |

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,...

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 |

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Determining jurisdictional issues: Request for advice?

by GilesFiles | Sep 11, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Promotion or demotion, Provincial, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Established review test: Assaulting fellow employee

by GilesFiles | Sep 10, 2026 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Refused severance pay: Reasonable alternative offered

by GilesFiles | Sep 7, 2026 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Severance pay, State Owned Enterprises, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Disproportionate conduct response: Invalid unfair reason

by GilesFiles | Sep 1, 2026 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Government, Insubordination and defiance, 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, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void | 0 |

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Material legal error: Impermissible headhunting

by GilesFiles | Aug 27, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Suzanna Harvey, 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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Discrimination on arbitrary ground: Absolution granted

by GilesFiles | Aug 13, 2026 | 2020 onwards, Absolution, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, MR Makhura, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Geographical location discrimination: Award wrong in law

by GilesFiles | Aug 11, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Bill of Rights, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), erroneously sought, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, 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,...

Category: Government