Municipal Archives | GilesFiles

Deeming indefinite employment: LRA s 198B considered

by GilesFiles | Jul 16, 2021 | 2020 +, Appointed LC judges, Awards -s145, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Government, 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, LRA Chpt: 9: s198-213 General provisions, Municipal, Objective or correct, Orders, Organs of state, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Reviewing compensatory awards: Job creation programme

by GilesFiles | Jul 2, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Compensation, 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, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Orders, Organs of state, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Temporary employment services - 198, Termination & dismissal (LRL 8), Topics | 0 |

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Municipal manager reinstated: Appointment letter clear

by GilesFiles | May 4, 2021 | 2020 +, Applications, Courts, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Fixed-term contracts, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Municipal managers, Operation of law, Orders, Parties, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 0 |

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Settlement agreement contested: Irregular ruling discussed

by GilesFiles | Feb 26, 2021 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rule 11, LC Rule 7A(8)(b), LC Rules, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, Sectors, 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,...

Municipal manager appointment: Financial gross misconduct

by GilesFiles | Feb 15, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Cause: regulations, Cause: statute, Common Law, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Government, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Municipal, Municipal managers, Orders, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Applying legality principle: Serving real purpose

by GilesFiles | Feb 8, 2021 | 2020 +, Acting LC judges, Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), Government, Gross misconduct, Judges, 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, Misconduct generally, Municipal, Orders, Organs of state, Parties, Review tests, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Termination & dismissal (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,...

Assisting learner drivers: Ubuntu defence rejected

by GilesFiles | Feb 8, 2021 | Acting LC judges, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Government, Gross misconduct, Judges, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Organs of state, Parties, Review tests, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Termination & dismissal (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,...

Affirmative action measures: Employment equity plan?

by GilesFiles | Feb 3, 2021 | 2020 +, Affirmative action, appeal, Appeals, Appointed LC judges, Courts, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Government, Insights, 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, Municipal, Orders, Parties, Refused, 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,...

Court contempt considered: Onus not discharged

by GilesFiles | Jan 21, 2021 | 2020 +, appeal, Appeals, Applications, Contempt of court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Onus of proof, Orders, Parties, SCA judges, Sectors, Specific performance, Supreme Court of Appeal, Topics | 0 |

Ndabeni v OR Tambo District Municipality SCA considered contempt of court and decided that respondents had not provided any explanation for the failure to apply resolution 10/11 to the appellant and this grave omission left a...

Confidentiality claim considered: Discovery and fairness

by GilesFiles | Jan 14, 2021 | 2020 +, Applications, Courts, Evidence and onus, Government, High Court, High Court judges, Judges, Legal Practice, Municipal, Organs of state, Parties, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Erasmus NO v MEC for Health, NC Province High court considered confidentiality claim and exercised a discretion not to order disclosure after considering the consequences of ordering discovery of information regarding the...

Enrichment claim considered: Condictio indebiti requirements

by GilesFiles | Dec 23, 2020 | 2020 +, appeal, Appeals, Cause: general, Common Law, Courts, Exceptions/special pleas, Finance, Government, Interpretation and application, issue estoppel, Judges, Jurisdiction and powers, Legal Practice, Legislation, MJD Wallis, Municipal, Not awarded, Orders, Orders re costs, Parties, Pension & retirement funds, punitive costs, Refused, Roman Dutch law principles, Rules and practice manuals, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

Retrospective reinstatement ordered: Unacceptable delays

by GilesFiles | Dec 10, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Condonation, Courts, Declaratory, Dennis Davis, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Government, Granted, Granted, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Orders, Organs of state, Parties, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Summary - generally, Termination & dismissal (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: Municipal