Central Archives

Interrupting prescription considered: Contempt not proved

by GilesFiles | May 20, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Central, Contempt of court, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, H Rabkin-Naicker, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, prescription, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Causes of action, Central, Contractual breach, Courts, Declaratory, deeming provision, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Provisos, Retirement age, Roman Dutch law principles, Sectors, Severance forfeited, Statement of claim, Statutes (LRL 2) - work law, Statutory, Summary - generally, Termination & dismissal (LRL 8), Topics | 0 |

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

Unlawful pay deductions: Coupled with invalid dismissal

by GilesFiles | Apr 29, 2022 | 2020 +, Applications, Appointed LC judges, Awarded, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Central, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, H Rabkin-Naicker, Interdicts and rule nisi, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), 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,...

Precautionary suspension upheld: Rational lawful decision

by GilesFiles | Mar 15, 2022 | 2020 +, Applications, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Evidence and onus, General, Government, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, PAJA 2000, Parties, Refused, Review tests, Sectors, Topics | 0 |

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

Refunding contributions considered: Disallowed appeal

by GilesFiles | Mar 14, 2022 | 2020 +, appeal, Appeals, Causes of action, Central, ConCourt judges, Constitutional Court, Courts, Disallowed, Government, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Not awarded, OL Rogers, Orders, Orders re costs, Parties, Pension & retirement funds, Sectors, Statutory, Topics | 0 |

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Viable alternative remedy: Interdict application refused

by GilesFiles | Mar 9, 2022 | 2020 +, Applications, Appointed LC judges, BM Whitcher, Causes of action, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, General, Government, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Refused, Sectors, Statutes (LRL 2) - work law, staying proceedings and execution, 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,...

Unlawful collective agreement: Unenforceable as invalid

by GilesFiles | Feb 28, 2022 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Fair pay differentiation: Discrimination not proved

by GilesFiles | Feb 21, 2022 | 2020 +, Acting LC judges, Applications, Central, Courts, Declaratory, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Equal pay & value, Evidence and onus, Government, Inherent requirements, Insights, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Rules, 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,...

Corporate visa denied: Language training for SA citizens

by GilesFiles | Feb 18, 2022 | 2020 +, Affirmative action, Applications, Awarded, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Free and fair, Government, High Court, High Court judges, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Markets in SA, Orders, Orders re costs, Organs of state, Parties, philosophy / economics, Policies - strategies - tactics, Protectable business interests, Public policy, Regulations, Review tests, Rules, Scarce skills allowances, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Uniform High Court | 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,...

Invalid procurement regulations: Section 217 of Constitution

by GilesFiles | Feb 16, 2022 | 2020 +, appeal, Appeals, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, Disallowed, Government, Judges, Legal Practice, Legislation, M Madlanga, Orders, Orders re costs, Organs of state, Parties, Sectors, Topics | 0 |

Minister of Finance v Afribusiness NPC Invalid procurement regulations considered by constitutional court and the majority judgment points out that the minority judgment failed to address a conundrum of a possible clash between...

Public Protector errors: Protected free speech

by GilesFiles | Feb 7, 2022 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Central, Courts, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Government, Interpretation and application, Judges, Legal Practice, Legality principle, Legislation, MB Molemela, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

Premier of the Western Cape Province v Public Protector SCA decided that the Public Protector made various errors and the available evidence plainly did not support the Public Protector’s findings and remedial action and there...

Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 +, Appointed LC judges, Awards -s145, Capacity, Causes of action, Central, Con 158 (1982), Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Government, Holistic evaluation, Ill health and illness, ILO Conventions, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason, Without forfeiting rights | 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