Res judicata (issue estoppel) Archives

Settlement agreement payment: Ordered with interest

by GilesFiles | Sep 15, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, estoppel see res judicata, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Res judicata (issue estoppel), Sectors, Topics, Trade unions | 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, Central, Contractual breach, Costs, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Private enterprises, Res judicata (issue estoppel), Roman Dutch law, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, Topics | 0 |

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Unfair dismissal reason: Validity and fairness concepts

by GilesFiles | May 8, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, ConCourt judges, Conduct & capacity, Conduct unbecoming, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Disciplinary action, Evidence & onus, False assumptions, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Lawfulness & fairness, leave to appeal, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Protect not punish, Provincial, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void, Warnings, Work Science Institute | 0 |

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Enforcing settlement agreement: Ostensible authority untenable

by GilesFiles | May 7, 2025 | 2020 onwards, Appeals, Appeals - leave, Authority: Sapiential or delegated, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Local, LRA 1995, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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De-archiving and reinstating review: Granting application

by GilesFiles | Feb 11, 2025 | 2020 onwards, Applications, Causes and defences, Central, Courts, Declaratory, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Renewing fixed-term contracts: Interim relief granted

by GilesFiles | Jan 21, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Applications, Bill of Rights, BM Whitcher, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Fixed-term, Government, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, lis alibi pendens, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Personal services, Practices (LRL 9), Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Rule nisi, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics, Work Science Institute | 0 |

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Bargain snatching considered: Alleged contract invalid

by GilesFiles | Jan 21, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Common law, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Personal services, Res judicata (issue estoppel), Resolving disputes (LRL 3), Retirement, Review tests, Rules Codes & Manual, Sectors, Termination (LRL 8), Topics, Universities and schools | 0 |

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Lawful lockout confirmed: Changing terms & conditions

by GilesFiles | Nov 27, 2024 | 2020 onwards, 64 Lockout, 64 Strikes/lockouts, 64-77 Strikes, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Balancing interests, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Disallowed, General, Insights, Interdicts & rules, 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 08b: 185-186(2) Practices, LRA 1995, Management, Managerial prerogative, Markets in SA, Operational reasons, Orders, Parties, Practices (LRL 9), Private enterprises, Reforms required, Res judicata (issue estoppel), Resolving disputes (LRL 3), Restructuring, Retirement, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, Topics, Trade | 0 |

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Interdicting strike action: Protected or unprotected?

by GilesFiles | Nov 15, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 67 protected strike, Applications, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, erroneously sought, Evidence & onus, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, MR Makhura, Orders, Parties, Private enterprises, Refused, Refused, Res judicata (issue estoppel), Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Res judicata defence: Application lapsed

by GilesFiles | Nov 8, 2024 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Costs, Courts, Declaratory, Government, granted, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA C: 133-150 CCMA, Objective - correctness, Orders, Parties, Provincial, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Selected judges, Special pleas, State organs, Statutes (LRL 2)-work, Topics | 0 |

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Complying with court orders: Issue of contempt?

by GilesFiles | Oct 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contempt, Costs, Costs punitive, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Private enterprises, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Substantive fairness disputed: Procedural fairness distinguished

by GilesFiles | Aug 5, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, Finance, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Res judicata (issue estoppel), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Category: Res judicata (issue estoppel)