Category: Municipal

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...

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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...

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Employing municipal managers: Renew or extend contract?

by GilesFiles | Oct 7, 2020 | 2020 +, appeal, Appeals, Courts, Declaratory, Dispute Resolution (LRL 3), Government, Judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Operation of law, Orders, Parties, Refused, SCA judges, Sectors, Supreme Court of Appeal, 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,...

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Unlawful precautionary suspension: LC lacks jurisdiction?

by GilesFiles | Sep 28, 2020 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interdicts and rule nisi, 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, Municipal, Orders, Orders re costs, Parties, Refused, Sectors, Special pleas, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), 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,...

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Gender discrimination considered: Female comparator

by GilesFiles | Sep 9, 2020 | CCMA awards, Compensation, Courts, Dispute Resolution (LRL 3), EEA 7 Factors, EEA Chpt II ss 5-11, Employment equity, Employment Equity Act 1998, Equal pay & value, Evidence and onus, Evidentiary burden, Government, Insights, Judges, Just and equitable relief, Labour Relations, Legal Practice, Municipal, Onus of proof, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Agency fee deductions: Different purposes served

by GilesFiles | May 28, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Courts, Declaratory, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Orders, Organisations (LRL 4), Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Unprotected strikers dismissed: Valid and fair reason

by GilesFiles | May 22, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Holistic evaluation, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Strike related, Termination & dismissal (LRL 8), Topics | 0 |

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Inherent job requirements: Firefighter incapacity

by GilesFiles | May 18, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, Bill of Rights, Courts, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Granted, 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, Municipal, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Wage curve agreement: Right or interest dispute?

by GilesFiles | May 15, 2020 | 2020 +, Appointed LC judges, Bargaining councils, Benefits - 186(2)(a), Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), Employment equity, Government, Granted, Insights, Job evaluation, Judges, 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, Municipal, Objective or correct, Orders, Parties, Pay progression, Review tests, Sectors, Statutes (LRL 2) - work law, TASK, Topics, Work Science Institute | 0 |

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Commissioner misconduct considered: Reviewable ground?

by GilesFiles | Mar 13, 2020 | 2020 +, Acting LC judges, Applications, Arbiter misbehaving, Awards -s145, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Orders, Parties, Performance related, Plascon-Evans rule, Procedural issues, Provincial, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020 +, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Conduct or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity Act 1998, Evidence and onus, Government, irregular proceeding, 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, New evidence, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, Termination & dismissal (LRL 8), Topics | 0 |

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Fraudulent pension claim: Valid and fair dismissal reason

by GilesFiles | Feb 18, 2020 | 2020 +, Appointed LC judges, Awards -s145, Condonation, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Exceptions/special pleas, Gross misconduct, Joinder of parties, Judges, Labour Court, 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, Municipal, Orders, Parties, Refused, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, 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,...

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