Causes and defences Archives

Automatically unfair dismissal: Dispute properly conciliated?

by GilesFiles | Jun 8, 2026 | 2020 onwards, AUD, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, 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, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Curator ad litem: Appointing provisional curator

by GilesFiles | Jun 3, 2026 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Res judicata (issue estoppel), SDJ Wilson, Sectors, Statutory, Topics | 0 |

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Exchange control laws: Bitcoin & forfeiture order?

by GilesFiles | Jun 1, 2026 | 2020 onwards, Applications, Banks, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Finance, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Objective - correctness, Orders, PAJA 2000, Parties, Regulations, Review tests, SDJ Wilson, Sectors, Selected judges, State Owned Enterprises, Statutory, Topics | 0 |

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Operational requirements dismissals: Failed facilitation?

by GilesFiles | May 29, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, ZLL Tshiqi | 0 |

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Indefinite employment confirmed: LRA sec 198B(5) applied

by GilesFiles | May 28, 2026 | 2020 onwards, André van Niekerk, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Unfair discrimination claim: Damages not proved

by GilesFiles | May 26, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Proving constructive dismissal: Facts objectively assessed

by GilesFiles | May 25, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Rejecting review application: Allowed appeal

by GilesFiles | May 21, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Job grading disputes: Job Grading Committee?

by GilesFiles | May 21, 2026 | 2020 onwards, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Recognised arbitrary ground: Qualifications?

by GilesFiles | May 18, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Exceptions/special pleas, False assumptions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Pay differentials, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics | 0 |

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Arbitrary grounds discrimination: Absolution granted

by GilesFiles | May 18, 2026 | 2020 onwards, AH02a - LC rules current, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, MR Makhura, Objective - correctness, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Declaration of invalidity confirmed: National Health Act

by GilesFiles | May 18, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Confirmed, Constitutional Court, Costs, Costs awarded, Courts, Declaratory, Government, granted, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Legal Practice, Legislation, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, State organs, Topics | 0 |

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Category: Causes and defences