Personal services Archives

Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Establish poor performance: Against known standard?

by GilesFiles | Nov 10, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct & capacity, 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: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Performance, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Discrimination dispute not conciliated: Jurisdiction lacking?

by GilesFiles | Oct 30, 2026 | 2020 onwards, Associations/corporates, Cause of action defined, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resignations, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), Topics | 0 |

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Departing from ordinary procedure: Failure of justification

by GilesFiles | Oct 20, 2026 | 2020 onwards, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, General, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC-Practice Manual, Legal Practice, Legislation, LRA 1995, Orders, Organisations (LRL 4), Parties, Personal services, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, Suzanna Harvey, Topics, Trade unions | 0 |

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Once-and-for-all rule: Application to facts

by GilesFiles | Sep 17, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Unsupported legal basis: Right not identified?

by GilesFiles | Sep 14, 2026 | 2020 onwards, Allowed, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, CCMA & BC, Central, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, LAC judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Personal services, Review tests, Sectors, Statutory, Topics | 0 |

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Breaching membership mandate: Trade union to pay

by GilesFiles | Sep 11, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Compensation or damages, Costs, Costs awarded, Courts, Damages, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, SDJ Wilson, Sectors, Topics, Trade unions | 0 |

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Valid BEE certificate: unjustifiable freedom limitation

by GilesFiles | Sep 8, 2026 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Estate agents, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Sectors, Statutory, staying proceedings, Topics | 0 |

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Necessary jurisdictional requirements: LRA s 142A

by GilesFiles | Aug 27, 2026 | 2020 onwards, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Topics, Words & phrases | 0 |

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Mutual separation agreement: LRA s 158(1)(c) rw 158(1A)

by GilesFiles | Aug 27, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disputes: right or interest, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Mutual termination, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Settlement agreements, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Training authorities, Universities and schools, Unlawful and void | 0 |

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Reasonable renewal expectation: Subjective expectation?

by GilesFiles | Aug 27, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Cause of action defined, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Damages, Disputes: right or interest, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Training authorities, Universities and schools, Unlawful and void | 0 |

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Fraudulent contractual breach: Senior university manager

by GilesFiles | Aug 21, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Contractual breach, Costs, Costs awarded, Courts, Damages, Evidence & onus, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Resolving disputes (LRL 3), RN Daniels, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 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: Personal services