intimidation Archives

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, 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, Substance, 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,...

Alleged intimidation considered: Award not reviewable

by GilesFiles | Apr 10, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Sidumo - see also awards s 145, 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,...

Proving cohesive group: Strike interdict denied

by GilesFiles | Sep 10, 2024 | 2020 onwards, 68 strike unprotected, Applications, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Evidence & onus, Interdicts & rules, Interim relief, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Trade, Urgency | 0 |

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Protected strikers reinstated: Backpay limited to 12 months

by GilesFiles | Aug 5, 2024 | 2020 onwards, 64-77 Strikes, 65 limitations, Causes and defences, Compensation or damages, Costs, Courts, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 193, LRA 1995, LRA D: 151-166 LC, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Automatically unfair dismissals: Trade union activities

by GilesFiles | Jul 29, 2024 | 2020 onwards, Automatic, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Evidence & onus, Hearsay, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 02: 4-10 FOA, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Reinstatement, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Reinstating protected strikers: Immunity not forfeited

by GilesFiles | Oct 17, 2023 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 67 protected strike, AUD, Bill of Rights, BM Whitcher, Causes and defences, Collective Bargaining (LRL 5), Conduct & capacity, Contempt, Contractual breach, Costs, Courts, Declaratory, Derivative action, Evidence & onus, Harass & bully, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 193, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, 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,...

Important mitigating factors: Progressive discipline

by GilesFiles | Dec 1, 2020 | 2020 onwards, Appeals, Conduct & capacity, Courts, Fair procedure, intimidation, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Transport & communication, Warnings | 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,...

Unconstitutional intimidation provisions: Operates retrospectively

by GilesFiles | Oct 22, 2019 | 2019, ConCourt judges, Constitutional Court, Courts, High Court judges, intimidation, Judges, Labour Relations, Statutes (LRL 2)-work, Topics | 0 |

Moyo v Minister of Police; Sonti v Minister of Police Unconstitutional intimidation provisions considered including difference between ‘reading-in’ and ‘reading-down’ which avoids inconsistency between...

Utterances comprising intimidation: Constitutional invalidity considered

by GilesFiles | Jun 20, 2018 | 2018, 2018, Access to information, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Evidence & onus, Interpretation etc, intimidation, Judges, Landmark judgments, Legal Practice, Legislation, philosophy / economics, Public policy, SCA judges, Supreme Court of Appeal, Topics | 0 |

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services This SCA judgment concerning utterances comprising intimidation suggests that senior managers who require employees...

Right to silence: Unconstitutional intimidation clause

by GilesFiles | Jun 20, 2018 | 2018, 2018, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Interpretation etc, intimidation, Judges, Landmark judgments, Legislation, MJD Wallis, Personal Information, SCA judges, Supreme Court of Appeal, Topics | 0 |

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services The SCA decision is significant because it is also relevant to the rights of employees who are faced with...

Contempt of court: Order during protected strike

by GilesFiles | Nov 18, 2016 | 2016, 67 protected strike, Anton Steenkamp, Causes and defences, Collective action, Contempt, Courts, Dennis Davis, intimidation, Labour Court, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), 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,...

Category: intimidation