Mining Archives - GilesFiles

Operational requirements dismissal: Unfair substance & procedure?

by GilesFiles | May 15, 2026 | 2020 onwards, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 194, LRA 1995, Mining, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, 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,...

High court jurisdiction: Sec 82(1) of MHSA

by GilesFiles | Mar 27, 2026 | 2020 onwards, Appeals - leave, Bill of Rights, Cause of action defined, Causes and defences, Common law, Costs, Costs awarded, Courts, Declaratory, Disallowed, erroneously sought, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

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Gross insubordination described: Challenging authority?

by GilesFiles | Mar 13, 2026 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics | 0 |

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Maternity leave allowances: Wages and benefits?

by GilesFiles | Feb 25, 2026 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Mining, MTM Phehane, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Surface-processing operations: Occupational health & safety?

by GilesFiles | Feb 17, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Mining, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Anticipating large-scale retrenchment: Condonation refused

by GilesFiles | Feb 10, 2026 | 2020 onwards, Balancing interests, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 1995, Mining, MZN Lallie, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Essential employment relationship: Jurisdiction lacking

by GilesFiles | Jan 23, 2026 | 2020 onwards, Bill of Rights, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Litigation privilege protection: Mine enquiry report?

by GilesFiles | Nov 20, 2025 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, Mining, Orders, Parties, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Re-enrolling withdrawn dispute: Jurisdiction lacking?

by GilesFiles | Nov 11, 2025 | 2020 onwards, Applications, Causes and defences, CCMA Rules-new, Costs not awarded, Courts, Declaratory, erroneously sought, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 1995, LRA C: 133-150 CCMA, LRA D: 151-166 LC, Mining, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics | 0 |

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Intolerable gross negligence: Asking correct question?

by GilesFiles | Oct 13, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Transferring business considered: Cause of action lacking

by GilesFiles | Oct 8, 2025 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Topics | 0 |

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Threatening WhatsApp message: Retaliation and intimidation?

by GilesFiles | Oct 1, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Costs, Costs not awarded, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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