Contractual breach Archives - Page 2 of 152

Racial discriminatory remark: Valid dismissal reason?

by GilesFiles | Jul 14, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Enforcing trade restraint: Rules 38 & 39 applied

by GilesFiles | Jul 10, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Constructive dismissal unproved: Objective test applied

by GilesFiles | Jul 9, 2026 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade | 0 |

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Rules of natural justice: Context-sensitive?

by GilesFiles | Jun 24, 2026 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, DN Unterhalter, Fair procedure, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Micro enterprises, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Cancelling recognition agreement: Interpreted & applied

by GilesFiles | Jun 11, 2026 | 2020 onwards, Applications, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Costs awarded, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Unlawful salary deductions: Sec 34 of BCEA

by GilesFiles | Jun 11, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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

by GilesFiles | May 28, 2026 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 09: 198-213 General, LRA 1995, Operation of law, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

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Failure to give notice: Sec 3(1)(a) of the ILPA

by GilesFiles | May 11, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Damages, Declaratory, Exceptions/special pleas, Government, granted, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Metro, Orders, Parties, RN Daniels, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutory, Topics | 0 |

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Peaceful strike conceded: Reinstatement justified

by GilesFiles | May 6, 2026 | 2020 onwards, 64-77 Strikes, 65 limitations, 68 strike unprotected, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Disciplinary issues, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Contempt proceedings enforced: Waiving enforcement right?

by GilesFiles | Apr 20, 2026 | 2020 onwards, Causes and defences, Contempt, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Zero tolerance | 0 |

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Unenforceable restraint agreement: Vague excessively broad

by GilesFiles | Apr 20, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Costs, Costs awarded, Courts, Declaratory, erroneously sought, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, self-created urgency, TC Gandidze, Topics, Words & phrases | 0 |

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Category: Contractual breach