Transport & communication Archives

Refused strike interdict: Picketing rules disputed

by GilesFiles | Sep 11, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Evidence & onus, Hearsay, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kelsey Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Motor industry, Orders, Parties, Power plays (LRL 6), Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike - protected, Strike s68 unprotected, Strikes - 64, Topics, Transport & communication | 0 |

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Value judgment required: Duty to adduce evidence?

by GilesFiles | Sep 10, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Evidence & onus, Granted, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Pleadings, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Trust & confidence, Zero tolerance | 0 |

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Breaching employment contracts: Changes imposed unilaterally

by GilesFiles | Apr 17, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 189 and 189A see Termination, Molatelo Robert Makhura, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Deeming indefinite employment: Contravention not proved

by GilesFiles | Apr 3, 2024 | 2020 onwards, BM Whitcher, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Seeking specific performance: Exercising discretion?

by GilesFiles | Mar 26, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, B Waglay, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, Objective - correctness, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Reinstatement primary remedy: Valid and fair reason?

by GilesFiles | Mar 6, 2024 | 2020 onwards, Awards -s145 see also Sidumo, BM Whitcher, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, 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, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Words & phrases | 0 |

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Successfully reviewing rulings: Jurisdiction lacking

by GilesFiles | Jan 5, 2024 | 2020 onwards, business rescue, Causes and defences, Central, Costs, Courts, Declaratory, Government, 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, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Restructuring, Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Transferring business operations: Still going concern

by GilesFiles | Nov 3, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Maximum compensation awarded: Protected disclosure dismissal

by GilesFiles | Oct 18, 2023 | 2020 onwards, Appeals, Appeals - leave, AUD, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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General body of information: Proving proprietary interest?

by GilesFiles | Oct 16, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Topics, Transport & communication, Uniform HC | 0 |

Avis Southern Africa (Pty) Ltd v Porteous When does restraint agreement survive business transfer and how is general body of information determined for purposes of affording protection? “[99] I am mindful of the fact that...

Execution pending appeal: Financial hardship?

by GilesFiles | Aug 30, 2023 | 2020 onwards, Causes and defences, Central, Conduct & capability, Costs, Courts, GN Moshoana, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Transport & communication | 0 |

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Natural justice governs: Right to be heard

by GilesFiles | Jun 9, 2023 | 2020 onwards, André van Niekerk, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, 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: Transport & communication