Fixed-term Archives - GilesFiles

Automatically unfair dismissal: Two-tier retirement age?

by GilesFiles | May 15, 2025 | 2020 onwards, AL - ILO, Applications, AUD, Automatic, Bill of Rights, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), False assumptions, Fixed-term, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Review tests, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Words & phrases, Work Science Institute | 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,...

Examining fixed-term contract: Terminate on notice?

by GilesFiles | Apr 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Compensation, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Managerial prerogative, Orders, Parties, Personal services, Policies - all, Resolving disputes (LRL 3), Roman Dutch law, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, 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,...

Renewing fixed-term contracts: Interim relief granted

by GilesFiles | Jan 21, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Applications, Bill of Rights, BM Whitcher, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Fixed-term, Government, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, LRA D: 151-166 LC, Management, Orders, Parties, Personal services, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rule nisi, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics, Work Science Institute | 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,...

Age discrimination considered: LRA s 187(2)(b): Rogers J

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Notice requirements, OL Rogers, Operation of law, Orders, Parties, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retirement, 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,...

Age-based discrimination: Section 187(2)(b) of LRA?

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Granted, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Markets in SA, Notice requirements, Operation of law, Orders, Parties, philosophy / economics, Policies - all, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retired judges, Retirement, Review tests, RMM Zondo, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Deductions from backpay: No agreed fixed term

by GilesFiles | Oct 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Edwin Molahlehi, Evidence & onus, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Metro, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, 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,...

Counterclaiming substantial damages: Lawfulness and fairness

by GilesFiles | Sep 13, 2024 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, 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,...

Legality principle applied: Exercise of public power?

by GilesFiles | Jul 10, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules-old, Legal Practice, Legality principle, Legislation, Local, LRA 1995, LRA 8a: 185-197B Dismissal, Municipal managers, Objective - correctness, Orders, Parties, 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,...

Compensation and damages considered: LRA s189A(13)(d)

by GilesFiles | Jun 12, 2024 | 2020 onwards, Applications, Causes and defences, Compensation, Costs, Courts, Declaratory, erroneously sought, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 189 and 189A see Termination, Operation of law, Operational reasons, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Trial period examined: Jurisdiction confirmed

by GilesFiles | May 8, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Contractual breach, Courts, Declaratory, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Orders, Parties, Performance, Pleadings: amending, Rules Codes & Manual, 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,...

Binding separation agreements: Probabilities before credibility

by GilesFiles | Apr 11, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Common law, Consistency element, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Mutual termination, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Private security, Review tests, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), TES - LRA 198, 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,...

Deeming indefinite employment: Contravention not proved

by GilesFiles | Apr 3, 2024 | 2020 onwards, BM Whitcher, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Category: Fixed-term