Dispute Resolution (LRL 3) Archives

Court contempt considered: Onus not discharged

by GilesFiles | Jan 21, 2021 | 2020 +, appeal, Appeals, Applications, Contempt of court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Judges, Labour Relations, Legal Practice, Legislation, Municipal, Municipal managers, Onus of proof, Orders, Parties, SCA judges, Sectors, Specific performance, Supreme Court of Appeal, Topics | 0 |

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Interim reinstatement refused: Temporary employment?

by GilesFiles | Jan 7, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Personal services, punitive costs, Refused, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Struck off, Topics | 0 |

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Lockout lawful protected: Pilots and business rescue

by GilesFiles | Dec 29, 2020 | 2020 +, Airline pilots, André van Niekerk, Applications, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Power plays (LRL 6), Refused, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions, 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,...

Unlawful agreement concluded: Invalid and not binding

by GilesFiles | Dec 15, 2020 | 2020 +, 2020 +, Applications, Appointed LAC judges, Bargaining councils, Bill of Rights, Cause: Bill of Rights, Cause: statute, Central, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organisations (LRL 4), Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, 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,...

Union authorised picket: Gatherings Act inapplicable

by GilesFiles | Dec 7, 2020 | 2020 +, appeal, Appeals, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Picketing, Power plays (LRL 6), SCA judges, Sectors, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics, Trade unions | 0 |

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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 |

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Important mitigating factors: Principle of progressive discipline

by GilesFiles | Dec 1, 2020 | 2020 +, Acting LAC judges, Appeals, Courts, Dispute Resolution (LRL 3), Invalid or unfair reason, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Parties, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 0 |

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Senior management restructured: Valid fair dismissal reason

by GilesFiles | Dec 1, 2020 | 2020 +, 2020 +, appeal, Appeals, Appointed LAC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Government, Granted, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Operational reasons-189A, Operational requirements-s189, Orders, Organs of state, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Replacement workers lawful: Response to suspended strike

by GilesFiles | Nov 30, 2020 | 2020 +, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Parties, Power plays (LRL 6), Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Transport & communication | 0 |

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Occupational specific dispensation: Old to new posts

by GilesFiles | Nov 27, 2020 | 2020 +, Agriculture, appeal, Appeals, Appointed LAC judges, Central, Collective Bargaining (LRL 5), Courts, Dennis Davis, Dispute Resolution (LRL 3), Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, Objective or correct, Orders, Parties, Refused, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, 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,...

Protest action examined: Prism of constitutional rights

by GilesFiles | Nov 27, 2020 | 2020 +, appeal, Applications, Appointed LAC judges, Associations, Bill of Rights, Collective Bargaining (LRL 5), Courts, Dennis Davis, Dispute Resolution (LRL 3), Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, Orders, Parties, Power plays (LRL 6), Protest action, Sectors, Statutes (LRL 2) - work law, Topics, 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,...

Delictual damages claim: Exception principles discussed

by GilesFiles | Nov 27, 2020 | 2020 +, Applications, Cause: delict, Cause: statute, Common Law, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, Manufacturing, Orders, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

Fawu vs Umbhaha Estates (Pty) Ltd In considering delictual damages claim the high court detailed the protest action of Fawu comprehensively and in great detail in amended particulars of claim including dates when each action was...

Category: Dispute Resolution (LRL 3)