Unlawful and void Archives

Automatically unfair dismissal: Protected disclosure?

by GilesFiles | Sep 15, 2026 | 2020 onwards, Applications, AUD, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, Conduct - gross, Costs, Costs not awarded, Courts, Damages, Disciplinary issues, Equal pay and value, Interpretation etc, Intolerable, 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, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Substance, Suzanna Harvey, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void | 0 |

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Disproportionate conduct response: Invalid unfair reason

by GilesFiles | Sep 1, 2026 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Government, Insubordination and defiance, 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, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void | 0 |

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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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Mutual separation agreement: LRA s 158(1)(c) rw 158(1A)

by GilesFiles | Aug 27, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disputes: right or interest, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Mutual termination, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Settlement agreements, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Training authorities, Universities and schools, Unlawful and void | 0 |

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Reasonable renewal expectation: Subjective expectation?

by GilesFiles | Aug 27, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Cause of action defined, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Damages, Disputes: right or interest, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Training authorities, Universities and schools, Unlawful and void | 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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Applicable retirement age: Sec 187(2)(b) of LRA

by GilesFiles | Aug 11, 2026 | Applications, AUD, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Declaratory, Discrimination (LRL 11), 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, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Rules of natural justice: Context-sensitive?

by GilesFiles | Jun 24, 2026 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, DN Unterhalter, Fair procedure, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Micro enterprises, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Age discrimination confirmed: Waiver not possible

by GilesFiles | Jun 18, 2026 | 2020 onwards, Applications, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Direct and indirect discrimination, EEA Chpt II ss 5-11, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, MZN Lallie, Orders, Parties, Resolving disputes (LRL 3), Retirement, Rules Codes & Manual, Sectors, Severance pay, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Unlawful and void | 0 |

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Age discrimination confirmed: Substantial claim awarded

by GilesFiles | Jun 18, 2026 | 2020 onwards, Applications, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Compensation or damages, Costs, Costs awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, MZN Lallie, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Retirement, Sectors, Severance pay, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Unlawful and void | 0 |

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Suffering reputational harm: Invalid unfair reason

by GilesFiles | Jun 12, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Unlawful and void | 0 |

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Under business rescue: Jurisdiction lacking?

by GilesFiles | Jun 5, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, business rescue, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Category: Unlawful and void