Municipal Archives

Reinstating fixed-term contracts: Labour Court’s jurisdiction

by GilesFiles | May 3, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Courts, Dispute Resolution (LRL 3), Fixed-term contracts, General, Government, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Struck off, 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,...

Assessing inordinate delay: Stringent test applied

by GilesFiles | Mar 22, 2022 | 2020 +, Amending pleadings, Applications, Appointed LC judges, Causes of action, Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt I ss 1-4, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, GN Moshoana, Government, Granted, Interpret and apply, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Rules, Sectors, 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,...

Binding court orders: When null and void?

by GilesFiles | Feb 14, 2022 | 2020 +, Allowed, appeal, Appeals, Attorney client scale, ConCourt judges, Constitutional Court, Contempt of court, Courts, Dhaya Pillay, Dispute Resolution (LRL 3), Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Municipal managers, Orders, Orders re costs, 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,...

Contractual claim denied: CCMA has jurisdiction

by GilesFiles | Feb 1, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Contractual breach, Courts, Customary Law, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Government, 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, Orders re costs, Organs of state, Parties, Plascon-Evans rule, 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,...

Sexual harassment deplored: Review principles confirmed

by GilesFiles | Jan 27, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Government, Gross misconduct, Harassment & bullying, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Salary award misconceived: Set aside on appeal

by GilesFiles | Dec 10, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Capacity, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Government, Ill health and illness, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, 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,...

Constitutional invalidity confirmed: Interests of justice

by GilesFiles | Dec 8, 2021 | 2020 +, appeal, Appeals, Causes of action, ConCourt judges, Constitutional Court, Courts, Disallowed, Exceptions/special pleas, General, Government, Judges, L Theron, Lawfulness, Legal Practice, Mootness, Municipal, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Termination & dismissal (LRL 8), Topics | 0 |

MEC: Cooperative Governance and Traditional Affairs, KwaZulu-Natal v Nkandla Local Municipality In a dispute concerning constitutional invalidity that was confirmed the Constitutional Court disallowed the appeal and decided that...

Inquisitorial approach faulted: Perception of bias

by GilesFiles | Dec 6, 2021 | 2020 +, Appointed LC judges, Causes of action, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, General, Government, H Rabkin-Naicker, Interpretation and application, Judges, 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, Municipal, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, 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,...

High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 +, Allowed, appeal, Appeals, Awards -s145, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Incompatibility, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, punitive costs, Reinstatement, 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,...

Claiming defamatory process: Proper factual basis

by GilesFiles | Oct 13, 2021 | A.G. Binns-Ward, Amending pleadings, Applications, Bill of Rights, Causes of action, Courts, Delict, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Municipal, Orders, Organs of state, Parties, Rules, Sectors, Special pleas, Topics | 0 |

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

Rescinding order considered: Strike off or dismiss?

by GilesFiles | Oct 6, 2021 | 2020 +, Acting LC judges, Applications, Courts, Dispute Resolution (LRL 3), Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Orders, Orders re costs, Organs of state, Parties, Rescission, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Reviewing senior appointment: Preferred job requirements?

by GilesFiles | Oct 4, 2021 | 2020 +, Applications, Bill of Rights, Causes of action, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, General, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, Municipal, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

George Municipality v Van Staden The George municipality sought the reviewing and setting aside of the appointment of a senior manager in March 2017 because of a directive from the public protector but the high court declined to...

Category: Municipal