Fixed-term Archives - GilesFiles

Indefinite employment confirmed: LRA sec 198B(5) applied

by GilesFiles | May 28, 2026 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 09: 198-213 General, LRA 1995, Operation of law, Orders, Parties, Personal services, Private enterprises, 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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Limited damages rule: Restricted to notice period?

by GilesFiles | Oct 20, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Compensation or damages, Contractual breach, Courts, Declaratory, Fixed-term, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Notice requirements, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Invoking grievance procedure: Futile exercise?

by GilesFiles | Sep 16, 2025 | 2020 onwards, Bill of Rights, Cause of action defined, Causes and defences, Central, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Fixed-term contract: Terminated on notice?

by GilesFiles | Sep 9, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Manufacturing, Notice requirements, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Compensation not reinstatement: No indefinite posts

by GilesFiles | Jun 10, 2025 | 2020 onwards, Automatic, Awards -s145 see also Sidumo, Causes and defences, Compensation or damages, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, Local, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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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 08a: 185-197B Dismissal, LRA 1995, 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 |

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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 or damages, 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 08a: 185-197B Dismissal, LRA 1995, 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 |

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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, lis alibi pendens, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Personal services, Practices (LRL 9), Res judicata (issue estoppel), 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 |

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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, Fair procedure, False assumptions, Fixed-term, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, 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 |

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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, Compensation or damages, 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, Fair procedure, False assumptions, Fixed-term, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, 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 |

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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 08a: 185-197B Dismissal, LRA 193, LRA 1995, 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 |

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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, Fair procedure, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Minute: pre-trial or arb, Objective - correctness, Orders, Parties, Policies - all, 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 |

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Category: Fixed-term