Legitimate expectations Archives

Trusting municipal managers: Confidence destroyed

by GilesFiles | Apr 7, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Consumer protection, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Legitimate expectations, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Municipal, Municipal managers, Orders, Parties, Performance, Protectable interests, Public policy, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 0 |

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Unwarranted legitimate expectation: Graduating with distinction?

by GilesFiles | Jun 18, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, General, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Legitimate expectations, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, 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,...

Reasonable expectation of renewal: Fixed-term contract

by GilesFiles | Mar 27, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Legitimate expectations, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Personal services, Pleadings: amending, Reinstatement, Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, 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,...

Legitimate expectation doctrine: Discussed and explained

by GilesFiles | Jul 20, 2023 | 2020 onwards, Causes and defences, Central, Costs, Courts, Declaratory, Government, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legitimate expectations, Orders, PAJA 2000, Parties, Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

EF v Minister of Defence and Military Veterans In context of legitimate expectation doctrine is it possible for Military Ombud to investigate and review their own decisions? “[4] Section 13 of the Military Ombud Act 4 of...

Misdirected expectation finding: Indefinite employment?

by GilesFiles | Nov 22, 2022 | 2020 onwards, Causes and defences, Costs, Courts, Declaratory, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Municipal, Objective - correctness, Orders, Parties, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, 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,...

Employment jurisdictional issues: Unfair labour practices

by GilesFiles | Nov 17, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Orders, Parties, SCA judges, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

Deeming employment provision: Objective review test

by GilesFiles | Oct 8, 2021 | 2020 onwards, Causes and defences, Central, Contractual breach, Costs, Courts, Deemed, Evidence & onus, Fixed-term, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 9: 198-213 General, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Limited duration contracts: Absence of expectation

by GilesFiles | Aug 31, 2021 | 2020 onwards, Costs, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade | 0 |

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Unreasonable renewal expectation: Employer’s appeal upheld

by GilesFiles | Jun 29, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Central, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Government, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, 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,...

Employee assistance program: Premature dismissal

by GilesFiles | Aug 27, 2020 | 2020 onwards, Awards -s145 see also Sidumo, Conduct & capacity, Courts, Declaratory, Illness & injury, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Private enterprises, Review tests, RGO Lagrange, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

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Fixed term expired: Dismissal not proved

by GilesFiles | Mar 4, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, B Waglay, Courts, Evidence & onus, Hospitality, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Legitimate expectation test: Derogation in property value

by GilesFiles | Feb 19, 2019 | 2019, BC and HOAs, Causes and defences, Community schemes, ConCourt judges, Constitutional Court, Construction industry, Courts, Judges, L Theron, Legislation, Legitimate expectations, Parties, Sectors, Topics | 0 |

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Category: Legitimate expectations