Municipal Archives

High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 +, 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, Granted, 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 |

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Claiming defamatory process: Proper factual basis

by GilesFiles | Oct 13, 2021 | A.G. Binns-Ward, Amending pleadings, Applications, Bill of Rights, Cause: delict, Common Law, Courts, 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 |

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 senior appointment: Preferred job requirements?

by GilesFiles | Oct 4, 2021 | 2020 +, Applications, Bill of Rights, Cause: general, Common Law, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, 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...

Contempt order overturned: Lucky escape for attorneys

by GilesFiles | Sep 6, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Cause: general, Cause: statute, Contempt of court, Courts, De bonis propriis, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Granted, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Orders, Organs of state, Parties, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Condonation applications considered: Case law discussed

by GilesFiles | Sep 2, 2021 | 2020 +, Acting LC judges, Applications, Condonation, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, 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, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Refused, Review tests, Rules, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Avoid technical approach: Crime and discipline

by GilesFiles | Aug 5, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Government, Granted, Gross misconduct, Holistic evaluation, 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, Misconduct generally, Municipal, Orders, Organs of state, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Reviewing private award: Wrong conclusions?

by GilesFiles | Jul 26, 2021 | 2020 +, Acting LC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Gross misconduct, Judges, Labour Court, 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, Misconduct generally, Municipal, Orders, Organs of state, Parties, Private arbitration, Review tests, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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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 |

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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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Defining employer status: Organ of State

by GilesFiles | Jun 15, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, 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, Organs of state, Parties, Review tests, Sectors, Special pleas, State action - s158(1)(h), Statutes (LRL 2) - work law, Topics | 0 |

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Furnishing security exemption: LRA sections considered

by GilesFiles | May 5, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), 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, Organs of state, Parties, Rules, Sectors, Statutes (LRL 2) - work law, staying proceedings and execution, Topics, Uniform High Court, 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,...

Category: Municipal