Balancing interests Archives - Page 3 of 19

Fair operational requirements: Rational commercial decision?

by GilesFiles | Aug 28, 2026 | 2020 onwards, Applications, Balancing interests, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Granted, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Enforcing restraint agreement: Commencement date?

by GilesFiles | Aug 25, 2026 | 2020 onwards, André van Niekerk, Appeals - leave, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Common law, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Reasonable and proportionate response: Operational requirements?

by GilesFiles | Aug 12, 2026 | 2020 onwards, Appeals, Appeals - leave, Balancing interests, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Absence of trust breakdown: Negligence not gross

by GilesFiles | Aug 11, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Orders, Parties, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void, Warnings | 0 |

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Granting interim relief: Pending incapacity dispute?

by GilesFiles | Jul 23, 2026 | 2020 onwards, Balancing interests, Causes and defences, Connie Prinsloo, Costs, Costs not awarded, Courts, Declaratory, Granted, granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Selected judges, Statutes (LRL 2)-work, staying proceedings, Topics | 0 |

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Strained employment relationship: Incapacity & ill health

by GilesFiles | Jul 8, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Compensation or damages, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MR Makhura, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

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Claiming severance pay: Unreasonable refusal of offer

by GilesFiles | May 29, 2026 | 2020 onwards, Balancing interests, BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Connie Prinsloo, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Restructuring, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Insourcing water services: LRA sec 197 transfer & costs?

by GilesFiles | Apr 22, 2026 | 2020 onwards, Appeals, Appeals - leave, Balancing interests, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs awarded, Courts, Declaratory, Disallowed, District, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Operation of law, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, SA Majiedt, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Correct objective test: Onus reversed?

by GilesFiles | Apr 8, 2026 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Conduct worthy of dismissal: Inappropriate language?

by GilesFiles | Mar 24, 2026 | 2020 onwards, Agriculture, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, GN Moshoana, Insolence and disrespect, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Implementing LC judgment: Ordering execution?

by GilesFiles | Mar 13, 2026 | 2020 onwards, Agriculture, Applications, Balancing interests, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, granted, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, staying proceedings, Termination (LRL 8), Topics | 0 |

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Transferring going concern: Legality principle?

by GilesFiles | Mar 10, 2026 | 2020 onwards, Balancing interests, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, LRA 1995, Metro, MZN Lallie, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

Category: Balancing interests