Impossibility or illegality Archives

Covid-19 pandemic consequences: Compensation awarded

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Declaratory, Impossibility or illegality, 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 08a: 189 and 189A see Termination, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, 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,...

Temporary residence permit: Termination of employment?

by GilesFiles | May 27, 2025 | 2020 onwards, Applications, Automatic, Causes and defences, Costs, Courts, Declaratory, District, Government, High Court, High Court judges, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Violating employment laws: Municipal manager paying staff?

by GilesFiles | Dec 12, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Impossibility or illegality, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Local, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Varying contractual terms: Shifren principle applied

by GilesFiles | Feb 22, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Covid-19 issues, Declaratory, Hearsay, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Substantive wage agreement: Lawful and valid

by GilesFiles | Nov 22, 2023 | 2020 onwards, Applications, Causes and defences, Central, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, Government, High Court, High Court judges, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Sectors, Specific performance, State organs, Statutory, Topics | 0 |

Psa (Public Servants Association) v SARS Substantive wage agreement “[1] This case revolves around the lawfulness, or otherwise, of a Substantive Wage Agreement entered into between the First Respondent and some of its...

Compliance order set aside: Annual bonus

by GilesFiles | Dec 7, 2022 | 2020 onwards, Absenteeism, André van Niekerk, BCEA 1997 (LRL 10), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Hearing procedure, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Mining, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, 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,...

Execution writ compliance: Impossible to perform?

by GilesFiles | Oct 14, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Exceptions/special pleas, Impossibility or illegality, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Settlement agreements, 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,...

Purported desertion considered: Deeming provision?

by GilesFiles | Sep 14, 2022 | 2020 onwards, BM Whitcher, Causes and defences, Central, Constructive: 186(1)(e), Costs, Costs awarded, Courts, Declaratory, Deemed, Exceptions/special pleas, Government, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Status demotion examined: Only compensation awarded

by GilesFiles | Jun 22, 2022 | 2020 onwards, AF - Internal equity external parity, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Disciplinary action, EEA4 s27, EEA9 Levels s21, Evidence & onus, Exceptions/special pleas, Finance, Impossibility or illegality, Insights, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 194, LRA 197 - transfers, LRA 1995, Management, Orders, Parties, Performance, Practices (LRL 9), Review tests, Risks, Sectors, Seven occupational levels, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Determining employment status: Automatic termination?

by GilesFiles | May 29, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, GN Moshoana, Impossibility or illegality, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Operation of law, Orders, Parties, Resignations, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade, Trade unions | 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,...

Operational needs paramount: Lawful admission policy

by GilesFiles | Mar 14, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Dignity equality freedom, Evidence & onus, Impossibility or illegality, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Operational reasons, Orders, Parties, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Covid-19 operational requirements: Dismissal valid and fair

by GilesFiles | Mar 7, 2022 | Applications, AUD, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, CCMA awards, CCMA members, CCMA Rules-old, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Covid-19 issues, Exceptions/special pleas, Impossibility or illegality, Insights, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Zero tolerance | 0 |

Dryden v Duncan Korabie Attorneys How should managers deal with employees who refuse to be vaccinated and may employment be terminated after following a fair procedure and should the reason for dismissal be related to conduct or...

Category: Impossibility or illegality