Central Archives

Cost to company remuneration: Alleged pay discrimination

by GilesFiles | Oct 21, 2021 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Central, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), erroneously sought, Exceptions/special pleas, Government, Insights, 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, Management, Not awarded, Orders, Orders re costs, Organs of state, Parties, Remuneration, Review tests, Sectors, Sidumo - reasonableness, Special pleas, Statutes (LRL 2) - work law, 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,...

Contractual breach examined: Limited damages rule

by GilesFiles | Oct 20, 2021 | 2020 +, Acting LC judges, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Central, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Sectors, Statutes (LRL 2) - work law, 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,...

Real dismissal reason: Duty of court to determine

by GilesFiles | Oct 13, 2021 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, BCEA 1997, BCEA 77(3) and 77A(e), Central, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Orders, Orders re costs, Organs of state, Parties, Reinstatement, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 0 |

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Incorrectly translated post: Unfair demotion practice

by GilesFiles | Oct 11, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Central, Courts, Demotion - 186(2)(a), Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Onus of proof, Orders, Organs of state, Parties, Promotion / demotion - 186(2)(a), Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics | 0 |

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Deeming employment provision: Objective review test

by GilesFiles | Oct 8, 2021 | 2020 +, Acting LC judges, Cause: contractual breach, Central, Common Law, Courts, deeming provision, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Objective or correct, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Preliminary jurisdictional issues: Claims prescribed?

by GilesFiles | Sep 21, 2021 | 2020 +, Acting LC judges, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Central, Common Law, Constructive, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Interpretation and application, Joinder of parties, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Orders re costs, Organs of state, Parties, prescription, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

B v Defence and Military Veterans Labour court decided preliminary jurisdictional issues and confirmed that if the respondents had raised the provisions of the Institution of Legal Proceedings Act the applicant could then have...

Gender discrimination rejected: EEA evidence and scope

by GilesFiles | Sep 20, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Central, Courts, Dennis Davis, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Refused, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Labour costs considered: Dispute resolution approach

by GilesFiles | Sep 10, 2021 | 2020 +, appeal, Appeals, Central, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Government, Granted, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 0 |

Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd Constitutional Court considered costs in the labour context and the right of access to the statutory dispute resolution...

Alleged protected disclosures: Urgent relief refused

by GilesFiles | Sep 7, 2021 | 2020 +, Applications, Appointed LC judges, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, 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, LRA Chpt 1: s1-3 Purpose, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Orders re costs, Organs of state, Parties, Plascon-Evans rule, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Urgency | 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,...

Publishing defamatory statements: Interdict refused

by GilesFiles | Aug 10, 2021 | 2020 +, Applications, Cause: delict, Central, Common Law, Courts, Declaratory, Evidence and onus, Evidentiary burden, Government, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Legal Practice, Orders, Organs of state, Parties, Refused, Sectors, Topics | 0 |

Goberdan v Sitshetshe (NDPP) Publishing defamatory statements sought to be interdicted by some prosecutors in the National Prosecting Authority (NPA) but high court refused to grant the interdict because in making a value...

Costs broad discretion: Ongoing relationship considered

by GilesFiles | Jul 23, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Central, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Orders re costs, Organs of state, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Zungu doctrine | 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,...

Malicious disciplinary proceedings: Claim for damages?

by GilesFiles | Jul 5, 2021 | 2020 +, Applications, Bill of Rights, Cause: Bill of Rights, Cause: delict, Central, Common Law, Courts, Declaratory, Dignity equality freedom, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Organs of state, Parties, Roman Dutch law principles, Sectors, Special pleas, 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: Central