Provincial Archives

Deemed dismissal requirements: Automatic reinstatement

by GilesFiles | Apr 8, 2022 | 2020 +, Applications, Appointed LC judges, Awarded, BM Whitcher, Causes of action, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Evidence and onus, Government, Granted, Interdicts and rule nisi, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Sectors, Specific performance, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

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Translating grade posts: Relevant experience considered

by GilesFiles | Mar 10, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Causes of action, Courts, Disallowed, Dispute Resolution (LRL 3), Employment equity, Equal pay & value, Evidence and onus, Exceptions/special pleas, Government, Inherent requirements, Insights, Interpretation and application, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Value exchange | 0 |

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Confidentiality agreement breached: Reinstatement ordered

by GilesFiles | Dec 9, 2021 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Causes of action, Contractual breach, 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, Not awarded, Orders, Orders re costs, Organs of state, Parties, Proof required, protected disclosure, Provincial, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Proving post-retirement dismissal: Ongoing work

by GilesFiles | Dec 4, 2021 | Automatically unfair - s187, Bill of Rights, Causes of action, CCMA awards, CCMA members, Contractual breach, Courts, Declaratory, Dignity equality freedom, Discharged on account, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Invalid or unfair reason, 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, Meaning of dismissal, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Personal services, Proof required, Provincial, Retirement age, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

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Unreasonable renewal expectation: Morphing of agreement?

by GilesFiles | Nov 25, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Causes of action, Courts, deeming provision, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, General, Government, Interpretation and application, 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, Not awarded, Objective or correct, Onus of proof, Orders, Orders re costs, Organs of state, P Coppin, Parties, Provincial, Reasonable expectation, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Applying legality principle: Reinstatement ordered

by GilesFiles | Nov 23, 2021 | 2020 +, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Government, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Experts joint minutes: Agreeing facts and opinions

by GilesFiles | Oct 22, 2021 | 2020 +, 2020 +, appeal, Appeals, Causes of action, Contractual breach, Courts, Delict, Disallowed, Evidence and onus, Expert, Government, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Orders, Organs of state, Parties, Provincial, Rules, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

Deemed dismissal automatic: Reinstatement set aside

by GilesFiles | Oct 18, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Courts, deeming provision, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, 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, Not awarded, Orders, Orders re costs, Organs of state, P Coppin, Parties, Provincial, Review tests, Sectors, Special pleas, State action - s158(1)(h), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Reviewing awards timeously: Non-compliance with rules

by GilesFiles | Oct 6, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Bargaining councils, Courts, Dispute Resolution (LRL 3), Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rule 11, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, Parties, Provincial, Rules, Sectors, Statutes (LRL 2) - work law, Struck off, Topics | 0 |

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Gender discrimination rejected: EEA evidence and scope

by GilesFiles | Sep 20, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Central, Courts, Dennis Davis, Disallowed, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Government, 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, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Permanent appointment disputed: Application refused

by GilesFiles | Sep 20, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), GN Moshoana, Government, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Refused, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

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Directing investigation completion: Delayed disciplinary hearing

by GilesFiles | Sep 2, 2021 | 2020 +, Acting LC judges, Applications, 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, Orders, Orders re costs, Organs of state, Parties, Provincial, Rules, Sectors, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 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: Provincial