Basic Conditions (LRL 10) Archives

Considering deemed dismissals: Must show good cause

by GilesFiles | Oct 27, 2021 | 2020 +, Appointed LC judges, Basic Conditions (LRL 10), Central, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Unenforceable rights considered: Appointments expired

by GilesFiles | Sep 21, 2021 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: general, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, Government, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Municipal managers, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 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 civil damages: Dismissal to reinstatement

by GilesFiles | Jul 5, 2021 | 2020 +, Acting LC judges, Applications, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Appealing restraint order: Unacceptable grounds

by GilesFiles | Jun 10, 2021 | 2020 +, André van Niekerk, Appeals, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Competition, Courts, Dispute Resolution (LRL 3), Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Protectable business interests, Restraints and restrictions, Rules, Statutes (LRL 2) - work law, Topics | 0 |

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Performance incentive bonus: Remuneration or benefit?

by GilesFiles | May 31, 2021 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Constructive, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Proof required, Resignation voluntary, Review tests, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Broad discretion exercised: Material compliance with policy?

by GilesFiles | May 11, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, Parties, Sectors, SOEs (State Owned Enterprises), Special pleas, Specific performance, Statutes (LRL 2) - work law, Topics | 0 |

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BCEA earnings threshold: R211,596.30 from 1 March 2021

by GilesFiles | Feb 9, 2021 | Basic Conditions (LRL 10), BCEA 1997, Insights, Labour Relations, Management, Remuneration, Statutes (LRL 2) - work law, Topics | 0 |

Upwards adjustment of earnings threshold from next month. In terms of GNR 77 in Government Gazette GG 44137 dated February 8, 2021 and with effect from March 1, 2021 employees whose annual ‘earnings’ exceed R211 596.30...

Alleged unlawful payments: Application refused

by GilesFiles | Feb 8, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Transport & communication, Urgency | 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,...

Concurrent jurisdiction considered: Unlawful employment termination?

by GilesFiles | Dec 4, 2020 | 2020 +, 2020 +, appeal, Appeals, Basic Conditions (LRL 10), Cause: contractual breach, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Landmark judgments, Lawfulness, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Arrear wages awarded: Jurisdiction and prescription

by GilesFiles | Nov 24, 2020 | 2020 +, Acting LAC judges, Appeals, Applications, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, prescription, Private enterprises, Sectors, Statutes (LRL 2) - work law, 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,...

Unpaid employment benefits: Default judgment rejected

by GilesFiles | Aug 18, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Special pleas, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics | 0 |

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Enforcing contractual obligations: Preventing future breaches?

by GilesFiles | Aug 4, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Parties, punitive costs, Rules, Sectors, SOEs (State Owned Enterprises), Specific performance, Statutes (LRL 2) - work law, Topics, Urgency, Zungu doctrine | 0 |

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Category: Basic Conditions (LRL 10)