Bill of Rights Archives

Bumping principles considered: Substantial compensation awarded

by GilesFiles | Apr 11, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 1997 (LRL 10), Bumping, Causes and defences, Compensation, Costs, Courts, Declaratory, Dignity equality freedom, Granted, Hospitality, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Management, Managerial prerogative, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 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,...

Limiting political rights: Municipal managers and staff members?

by GilesFiles | Apr 9, 2025 | 2020 onwards, AH - Labour Legislation & Rules, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Evidence & onus, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 6: 95-111 Unions, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

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 |

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,...

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 unbecoming, Contractual breach, Declaratory, Disciplinary action, Evidence & onus, Gross misconduct, Harass & bully, ILO Conventions, Incompatibility, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Management, Managerial prerogative, Misconduct & incapacity, 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...

Creating intolerable conditions: Constructive dismissal proved

by GilesFiles | Mar 28, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Associations/corporates, Bill of Rights, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Declaratory, Evidence & onus, General, Harass & bully, Hearsay, 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, Managerial prerogative, Objective - correctness, Orders, Parties, Personal services, Resignations, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Work Science Institute | 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,...

Reviewing jurisdictional ruling: Employment relationship critical?

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, Bargaining councils, Bill of Rights, Causes and defences, Central, Contractual breach, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Objective - correctness, Operational reasons, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Territorial jurisdiction, Topics | 0 |

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Declaring vexatious litigant: Coupled with contempt

by GilesFiles | Feb 20, 2025 | 2020 onwards, Applications, Bill of Rights, BM Whitcher, Causes and defences, Contempt, 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, Orders, Parties, Provincial, Resolving disputes (LRL 3), Sectors, Selected judges, State organs, 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,...

Infringing rights considered: Declaratory relief not justified

by GilesFiles | Feb 18, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Misconduct & incapacity, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Protected disclosure retribution: Ongoing employment saga?

by GilesFiles | Feb 17, 2025 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Admitting surveillance evidence: Obtained lawfully

by GilesFiles | Feb 17, 2025 | 2020 onwards, Access to information, Applications, Bill of Rights, Causes and defences, Consumer protection, Courts, Declaratory, Delict, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Contravening National Credit Act: Agreement void ab initio

by GilesFiles | Feb 10, 2025 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Banks, Bill of Rights, Causes and defences, Consumer protection, Contractual breach, Costs, Courts, Declaratory, Disallowed, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, RM Keightley, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Agreed retirement age: Must leave and stop working

by GilesFiles | Feb 7, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, AUD, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, MR Makhura, Operation of law, Orders, Parties, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Retirement, 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: Bill of Rights