Bill of Rights Archives

Promoting collective bargaining: Registering employer organisation

by GilesFiles | Jan 19, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Costs not awarded, Courts, Declaratory, Free and fair, ILO Convention 087, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 02: 4-10 FOA, LRA 03: 11-63 Bargain, LRA 09: 198-213 General, LRA 1995, Markets in SA, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Unreasonable community contributions: Unconstitutionality?

by GilesFiles | Jan 14, 2026 | 2020 onwards, AP - Community schemes, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Complying with Employment Law: Interim protective relief

by GilesFiles | Jan 5, 2026 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), General, Granted, granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Suzanna Harvey, Topics | 0 |

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Insolence and intemperate language: Progressive discipline required

by GilesFiles | Jan 5, 2026 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Evidence & onus, False assumptions, Insights, Insolence and disrespect, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Metro, Orders, Parties, Progressive, Protect not punish, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Prohibited discrimination considered: LRA sec 5 bonus?

by GilesFiles | Dec 8, 2025 | 2020 onwards, Bill of Rights, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, False assumptions, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 02: 4-10 FOA, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Stated case, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Releasing relevant information: Public-interest override?

by GilesFiles | Dec 5, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Provincial, Sectors, State organs, Statutory, Topics | 0 |

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Substantively unfair dismissal: Reinstatement ordered

by GilesFiles | Dec 2, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Disputes: factual, Evidence & onus, Fair procedure, Granted, Harass & bully, 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 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Universities and schools, Unlawful and void | 0 |

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Gross misconduct confirmed: Falsely upgrading employees

by GilesFiles | Nov 13, 2025 | Bill of Rights, Causes and defences, Central, Conduct - gross, Contractual breach, Costs not awarded, Courts, Evidence & onus, False assumptions, Insights, Interpretation etc, Intolerable, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Disregarding procedural rules: Disallowed appeal

by GilesFiles | Nov 4, 2025 | 2020 onwards, AH02a - LC rules current, AH07 - Practive Manual, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, LC-Practice Manual, Legal Practice, Legislation, LRA 01: 1-3 Purpose, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Employee leave provisions: Maternity parental & adoptive

by GilesFiles | Oct 3, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, ZLL Tshiqi | 0 |

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Reasonably necessary improvement: Landowner’s consent required?

by GilesFiles | Sep 9, 2025 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Duty to supervise learners: Breach proved damages awarded

by GilesFiles | Aug 29, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Damages, Declaratory, Evidence & onus, Government, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutory, Topics, Universities and schools, Words & phrases | 0 |

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Category: Bill of Rights