Special pleas Archives

Transfer to labour court: High court lacks jurisdiction

by GilesFiles | Oct 31, 2025 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, erroneously sought, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, staying proceedings, 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,...

Reviewing private arbitration: Hay Grading System

by GilesFiles | Sep 5, 2025 | 2020 onwards, AF - Internal equity external parity, Causes and defences, Central, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Management, Orders, Parties, Private arbitration, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics, Work Science Institute | 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,...

Defaming employee considered: Was there publication?

by GilesFiles | Aug 12, 2025 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Refused, Sectors, Special pleas, Topics | 0 |

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Amending statement of claim: BCEA sec 77(3) claim

by GilesFiles | Aug 8, 2025 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Costs, Courts, Declaratory, granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, LRA 1995, Mining, Orders, Parties, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Taking exception to claim: Necessary averments re levies?

by GilesFiles | Jul 23, 2025 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Checklists, Community schemes, Costs, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

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Intervening in disciplinary proceedings: Exceptional circumstances?

by GilesFiles | Jul 15, 2025 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Disallowed, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Resolving disputes (LRL 3), Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, 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, 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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Pleading necessity defence: Exceptional circumstances?

by GilesFiles | Mar 26, 2025 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Disallowed, DN Unterhalter, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, Private security, Refused, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Special pleas, Struck off, Supreme Court of Appeal, Topics | 0 |

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Concluding settlement agreement: Employer alleging duress?

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Tendering services discussed: Essential element of claim

by GilesFiles | Jan 22, 2025 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA C: 133-150 CCMA, Metro, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics, Words & phrases | 0 |

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Prescribed cause of action: Subpoena duces tecum

by GilesFiles | Dec 30, 2024 | 2020 onwards, Access to information, Appeals, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legislation, lis alibi pendens, Orders, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, Topics, Universities and schools | 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 |

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: Special pleas