Balancing interests Archives

Transferring business undertaking: Legal principles applied

by GilesFiles | Nov 27, 2025 | 2020 onwards, Appeals, B Waglay, Balancing interests, Causes and defences, Common law, Construction industry, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 197 - transfers, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (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,...

Reinstatement practically impossible: Compensation awarded

by GilesFiles | Nov 26, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Balancing interests, Causes and defences, Compensation, Construction industry, Contractual breach, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (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,...

LRA s 188A(11) referral: Interdicting hearing

by GilesFiles | Nov 13, 2025 | 2020 onwards, Applications, Balancing interests, Causes and defences, Costs not awarded, Courts, Declaratory, Finance, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Non-profit organisations, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (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,...

Retrospective reinstatement limited: Common purpose discussed

by GilesFiles | Nov 12, 2025 | 2020 onwards, 67 protected strike, Agriculture, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct unbecoming, Consistency element, Contractual breach, Costs not awarded, Courts, Declaratory, Disciplinary action, Evidence & onus, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Zero tolerance | 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,...

Covid-19 pandemic consequences: Compensation awarded

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Declaratory, Impossibility or illegality, 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 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Retrenchment consultation process: LRA sec 189A(13)

by GilesFiles | Oct 30, 2025 | 2020 onwards, Balancing interests, Causes and defences, Costs not awarded, Courts, Declaratory, Granted, Inherent requirements, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (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,...

Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (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,...

Security bond exemption: Staying enforcement

by GilesFiles | Sep 12, 2025 | 2020 onwards, Applications, Balancing interests, Causes and defences, Contractual breach, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Security s145, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Termination (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,...

Insubordination or insolence: Not unreasonable award

by GilesFiles | Sep 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Conduct & capacity, Conduct unbecoming, Construction industry, Contractual breach, Courts, Declaratory, False assumptions, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Disobeying reasonable instruction: Valid and fair dismissal

by GilesFiles | Aug 18, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Hospitality, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, 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, Private enterprises, Resolving disputes (LRL 3), Review tests, RN Daniels, Sectors, Statutes (LRL 2)-work, Statutory, Termination (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,...

Conduct related dismissals: Valid and fair reasons

by GilesFiles | Aug 6, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Managerial prerogative, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Rob Stelzner, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Appropriate dismissal remedies: Compensated not reinstated

by GilesFiles | Jul 24, 2025 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Agriculture, Balancing interests, Causes and defences, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Hearing procedure, Insolence and insubordination, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC-Practice Manual, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings, Zero tolerance | 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: Balancing interests