Logistics Archives - GilesFiles

Commissioner’s arbitration conduct: Specific unfairness caused?

by GilesFiles | Sep 4, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Labour court’s jurisdiction: Employment contracts generally

by GilesFiles | Aug 22, 2025 | 2020 onwards, AB - Law generally, AH10 - BCEA, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Logistics, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RN Daniels, Sectors, Statutes (LRL 2)-work, 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,...

Suspension pending appeal: Order remaining operative?

by GilesFiles | Aug 19, 2025 | 2020 onwards, Agriculture, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Topics, Trade restraints, 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,...

Irrational operational reasons: Retrospective reinstatement

by GilesFiles | Jul 10, 2025 | 2020 onwards, Appeals, B Waglay, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Intolerable continued relationship: Compensation not reinstatement

by GilesFiles | Jun 19, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Breaching public policy: Post-employment restraint

by GilesFiles | May 19, 2025 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade restraints | 0 |

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Interpreting registered scope: Storage of goods?

by GilesFiles | Apr 7, 2025 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Courts, Declaratory, Demarcations, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 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,...

Jurisdiction & exercise thereof: Distinguish between them?

by GilesFiles | Mar 31, 2025 | 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, General, HC Uniform, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, State, State organs, Statutory, Thresholds, Topics, Transport & communication | 0 |

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Model argument and award: Valid and fair dismissal reason

by GilesFiles | Mar 29, 2025 | AB1 - Fairness principle or concept, AL - ILO, Bill of Rights, Causes and defences, CCMA awards, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Declaratory, Disciplinary action, Evidence & onus, Harass & bully, ILO Conventions, Incompatibility, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Management, Managerial prerogative, Orders, Parties, Performance, Policies - all, Private enterprises, Protect not punish, Risks, Sectors, Statutory, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute, Zero tolerance | 0 |

EMPLOYER MODEL ARGUMENT: Workplace bullying INTRODUCTION AND BACKGROUND 1. The employer employed a senior manager at a substantial annual salary and dismissed her on notice 8 months later. 2. The manager has challenged her...

Refusing appeal leave: Collective misconduct and reinstatement

by GilesFiles | Feb 27, 2025 | 2020 onwards, Balancing interests, Causes and defences, Collective action, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, LRA 67 protected strike, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (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,...

Transferring business considered: Application of s197 of LRA

by GilesFiles | Feb 21, 2025 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, MR Makhura, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Transfer or operational reasons: Dominant cause considered

by GilesFiles | Feb 10, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, AUD, Causes and defences, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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: Logistics