Causes and defences Archives

Interdicting strike action: Requirements not met

by GilesFiles | Jun 20, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, Orders, Parties, Power plays (LRL 6), Private enterprises, Refused, Refused, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike - protected, Strike s68 unprotected, 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,...

Protecting confidential information: Return and destroy copies

by GilesFiles | Jun 19, 2025 | 2020 onwards, AB - Law generally, Access to information, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Free and fair, Granted, Granted, HC Uniform, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Markets in SA, Orders, Parties, Personal Information, Personal services, Private enterprises, Protectable interests, Risks, Rules Codes & Manual, Sectors, Topics | 0 |

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Claiming arrear remuneration: Reinstated with full backpay

by GilesFiles | Jun 18, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Compensation, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, leave to appeal, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private security, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Requirements for interdictory relief: All issues addressed

by GilesFiles | Jun 18, 2025 | 2020 onwards, AJ - General, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, Delict, Free and fair, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Markets in SA, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Refused, Sectors, Topics | 0 |

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Negotiating right to deadlock: Administrative or executive action?

by GilesFiles | Jun 12, 2025 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Private enterprises, Roman Dutch law, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, Topics | 0 |

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Enforcing reinstatement order: Appeal but exceptional circumstances

by GilesFiles | Jun 11, 2025 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Local, LRA 1995, LRA 7: 112-184 Dispute, Municipal managers, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Multiple instances of misconduct: Special pleas upheld

by GilesFiles | Jun 5, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, B Waglay, Causes and defences, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Upholding reinstatement award: Final warning sufficient

by GilesFiles | Jun 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, BC and HOAs, Causes and defences, Community schemes, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Non-profit organisations, Orders, Parties, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

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Occupation specific dispensation: Collective agreement application

by GilesFiles | Jun 5, 2025 | 2020 onwards, Causes and defences, Central, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Management, Objective - correctness, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Disputing procedural fairness: Operational requirements

by GilesFiles | Jun 5, 2025 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Balancing interests, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Restructuring, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Enforcing arbitration award: Jurisdictional issues considered

by GilesFiles | Jun 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, André van Niekerk, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Condonation, Contractual breach, Courts, Declaratory, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Unlawful and void | 0 |

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Deemed discharge considered: Sec 17(3)(a)(i) of PS Act 1994

by GilesFiles | Jun 4, 2025 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Contractual breach, Courts, Declaratory, Deemed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Operation of law, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Unlawful and void | 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: Causes and defences