Unlawful and void Archives - Page 2 of 15

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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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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Retrospective reinstatement ordered: Imposing lesser sanction?

by GilesFiles | Jun 1, 2026 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Conduct unbecoming, Costs, Costs not awarded, Courts, Declaratory, GN Moshoana, 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, LRA Sch 8: GP Code, Orders, Parties, Private enterprises, Progressive, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence, Unlawful and void | 0 |

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Breaching employment contract: Employment restored

by GilesFiles | Mar 30, 2026 | BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Community schemes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Notice requirements, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Drawing adverse inferences: Polygraph test validity?

by GilesFiles | Mar 12, 2026 | 2020 onwards, Agriculture, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Disputes: factual, Granted, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Polygraph test, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Urgent declaratory orders: Ordinary course hearing?

by GilesFiles | Mar 10, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MTM Phehane, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Struck off, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Combined statement of claim: Victimisation and dismissal

by GilesFiles | Mar 4, 2026 | 2020 onwards, Applications, AUD, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, 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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Reasonableness of CCMA award: On evidence presented

by GilesFiles | Feb 18, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Provincial, Public Protector, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Unlawful and void | 0 |

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Zero-tolerance alcohol policy: Reasonable band test

by GilesFiles | Feb 10, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Consistency element, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, 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, Manufacturing, MR Makhura, Orders, Parties, Personal services, Policies - all, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void, Warnings | 0 |

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Retrospective reinstatement with backpay: Invalid dismissal reason

by GilesFiles | Jan 30, 2026 | 2020 onwards, 64-77 Strikes, 65 limitations, 68 strike unprotected, Appeals, Balancing interests, Causes and defences, Collective action, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Misconceiving enquiry nature: Inadmissible evidence?

by GilesFiles | Jan 21, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Codes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Fair procedure, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MZN Lallie, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Invalid dismissal reason: Rules not contravened

by GilesFiles | Jan 15, 2026 | Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void | 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: Unlawful and void