Special pleas Archives

Incomplete disciplinary proceedings: Jurisdiction lacking?

by GilesFiles | Jun 30, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, erroneously sought, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Municipal, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Special pleas, State organs, 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,...

Reinstating lapsed review: Condoning late application?

by GilesFiles | Jun 12, 2026 | 2020 onwards, Applications, Causes and defences, Common law, Condonation, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, self-created urgency, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Automatically unfair dismissal: Dispute properly conciliated?

by GilesFiles | Jun 8, 2026 | 2020 onwards, AUD, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, 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,...

Recognised arbitrary ground: Qualifications?

by GilesFiles | May 18, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Exceptions/special pleas, False assumptions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Pay differentials, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

Arbitrary grounds discrimination: Absolution granted

by GilesFiles | May 18, 2026 | 2020 onwards, AH02a - LC rules current, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, MR Makhura, Objective - correctness, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, 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,...

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 |

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,...

Granting leave to amend: Restricted to certain issues

by GilesFiles | May 4, 2026 | 2020 onwards, Applications, Banks, BCEA 1997 (LRL 10), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA Chpt II ss 5-11, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, 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,...

Repeatedly launching applications: Reckless and vexatious?

by GilesFiles | Apr 24, 2026 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Provincial, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, self-created urgency, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Effective dispute resolution: Striking out application

by GilesFiles | Apr 14, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Disallowed, Exceptions/special pleas, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics, Trade | 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,...

Claiming additional compensation: No independent right?

by GilesFiles | Mar 25, 2026 | 2020 onwards, 65 limitations, 67 protected strike, 68 strike unprotected, Allowed, Appeals, Appeals - leave, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, ConCourt judges, Constitutional Court, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SA Majiedt, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, 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,...

Staying execution of award: Lapsing of review?

by GilesFiles | Mar 19, 2026 | 2020 onwards, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, erroneously sought, Exceptions/special pleas, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, Local, Orders, Parties, Rules Codes & Manual, Sectors, Special pleas, State organs, 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,...

Eviction notice disputed: Appeal upheld

by GilesFiles | Mar 17, 2026 | 2020 onwards, Allowed, Appeals, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, SDJ Wilson, Sectors, Special pleas, 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,...

Category: Special pleas