Mining Archives - GilesFiles

Pre-arbitration minute validity: Jurisdiction and power lacking?

by GilesFiles | May 15, 2025 | 2020 onwards, Appeals - leave, BCEA 77(3) & 77A(e), Causes and defences, CCMA Rules-old, Costs, Courts, Declaratory, Disallowed, Edwin Molahlehi, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Mining, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Racial harassment condemned: Employer vicariously liable

by GilesFiles | May 5, 2025 | 2020 onwards, Appeals - leave, Applications, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Courts, Declaratory, Delict, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, EEA Chpt VI 53-65, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Mining, Orders, Parties, Polygraph test, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Vicarious liability | 0 |

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Range of reasonable conclusions: Negligence not proved

by GilesFiles | Mar 27, 2025 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Performance, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Zero tolerance | 0 |

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Assessing legality and fairness: Substance over form?

by GilesFiles | Mar 24, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Incapacity related termination: Injured on duty in mine

by GilesFiles | Feb 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Courts, Declaratory, Evidence & onus, Illness & injury, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Managerial prerogative, Mining, 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 | 0 |

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Attaching accounts invoices: Incorporeal property rights?

by GilesFiles | Jan 16, 2025 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, General, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Refusing leave to appeal: Late delivery without explanation

by GilesFiles | Dec 18, 2024 | 2020 onwards, Applications, Causes and defences, Condonation, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Mining, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Performing poorly and conduct: Valid and fair dismissal reason

by GilesFiles | Dec 6, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Causes and defences, Conduct & capacity, Consistency element, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Manufacturing, Mining, MPN Nkutha-Nkontwana, Objective - correctness, Operational reasons, Orders, Parties, Performance, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute | 0 |

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Applying discipline consistently: Picketing rules considered

by GilesFiles | Dec 5, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct - gross, Conduct & capacity, Consistency element, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Power plays (LRL 6), Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RN Daniels, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Strike - protected, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Harassing victimising subordinate: Valid and fair dismissal reason

by GilesFiles | Oct 16, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Mining, 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, Vicarious liability | 0 |

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Persisting with hopeless case: Invalid dismissal reason

by GilesFiles | Sep 6, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Private enterprises, Protect not punish, Retired judges, Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Disclosing relevant documents: Affecting reasonable expectation

by GilesFiles | Aug 22, 2024 | 2020 onwards, Access to information, Appeals, Appeals - leave, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Declaratory, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Mining, Orders, Parties, Personal Information, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

Category: Mining