Suspensions Archives

Deemed discharge considered: Sec 17(3)(a)(i) of PS Act 1994

by GilesFiles | Jun 4, 2025 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Courts, Declaratory, Deemed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Operation of law, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Determining dispute nature: Suspension or dismissal?

by GilesFiles | Mar 3, 2025 | 2020 onwards, Anton Myburgh, Causes and defences, Courts, Declaratory, Deemed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Universities and schools | 0 |

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Flouting appointments policy: Unconstitutional and unlawful

by GilesFiles | Dec 23, 2024 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Central, Connie Prinsloo, Costs, Courts, Declaratory, Government, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics | 0 |

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Executing order granted: Pending appeal outcome

by GilesFiles | Oct 21, 2024 | 2020 onwards, Applications, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Specific performance, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics | 0 |

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Suspension with or without pay: Jurisdictional issues considered

by GilesFiles | Dec 27, 2023 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Costs, Courts, Declaratory, 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, Manufacturing, Mining, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, staying proceedings, Suspensions, Topics | 0 |

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Precautionary suspensions examined: Complying with constitution

by GilesFiles | Nov 28, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Personal services, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suspensions, 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,...

Execution pending appeal: Financial hardship?

by GilesFiles | Aug 30, 2023 | 2020 onwards, Causes and defences, Central, Conduct & capacity, Costs, Courts, GN Moshoana, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Transport & communication | 0 |

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Labour Court jurisdiction: Examined and explained

by GilesFiles | Aug 17, 2023 | 2020 onwards, B Waglay, Conduct - gross, Conduct & capacity, Costs, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Suspensions, Termination (LRL 8), Topics | 0 |

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Execution of order suspended: Substantial prejudice?

by GilesFiles | Aug 14, 2023 | 2020 onwards, Applications, Causes and defences, Central, Conduct & capacity, Costs, Courts, Declaratory, Edwin Tlhotlhalemaje, Government, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Risks, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Suspensions, Termination (LRL 8), Topics, Urgency | 0 |

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Unconstitutional member suspension

by GilesFiles | Jun 5, 2023 | 2020 onwards, Conduct & capacity, Connie Prinsloo, Costs, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Suspensions, Termination (LRL 8), Topics | 0 |

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Valid and fair reason: Related to conduct

by GilesFiles | May 23, 2023 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Conduct & capacity, Consistency element, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, False assumptions, GN Moshoana, Hospitality, Insights, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Thresholds, Topics, Trade, Trust & confidence | 0 |

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Costs de bonis propriis: Making it up

by GilesFiles | May 18, 2023 | 2020 onwards, André van Niekerk, Applications, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, Limits - 65, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, Suspensions, 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: Suspensions