Municipal Archives | GilesFiles

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 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,...

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...

Evidence completely lacking: Award set aside

by GilesFiles | Dec 2, 2020 | 2020 +, Acting LAC judges, Appeals, Awards -s145, Courts, Dismissal generally, Dispute Resolution (LRL 3), Government, Invalid or unfair reason, 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, Municipal managers, Parties, Review tests, 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,...

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,...

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,...

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 |

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,...

Service level agreement: Going concern reversion

by GilesFiles | Sep 3, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Business transfers, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Government, Holistic evaluation, Interpretation and application, Judges, 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, Municipal, Operation of law, Orders, Organs of state, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

Water & Sanitation Services SA (Pty) Ltd v King Cetshwayo District Municipality Labour court declared that s 197 of the LRA applied when the service level agreement (SLA) ended and was not simply a termination of a contract...

Plascon-Evans rule: Two exceptions to general rule

by GilesFiles | Aug 24, 2020 | 2020 +, Applications, Appointed LC judges, Courts, Dismissal generally, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Government, Interdicts and rule nisi, 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, Municipal, Municipal managers, Orders, Orders re costs, Parties, Plascon-Evans rule, Procedural issues, Refused, 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,...

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 |

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