Legal Practice Archives

Unreasonable community contributions: Unconstitutionality?

by GilesFiles | Jan 14, 2026 | 2020 onwards, AP - Community schemes, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Insolence and intemperate language: Progressive discipline required

by GilesFiles | Jan 5, 2026 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Evidence & onus, False assumptions, Insights, Insolence and disrespect, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Metro, Orders, Parties, Progressive, Protect not punish, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Entering church premises: Internal religious dispute

by GilesFiles | Dec 22, 2025 | 2020 onwards, Allowed, Appeals - leave, Associations/corporates, Causes and defences, Costs, Costs awarded, Courts, Declaratory, HC Uniform, High Court, High Court judges, Interdicts & rules, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Sectors, Special pleas, Topics | 0 |

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Reduced compensation ordered: Punitive solatium?

by GilesFiles | Dec 19, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Compensation or damages, Costs awarded, Courts, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Orders, Parties, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, TC Gandidze, Topics, Warnings | 0 |

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Procedurally unfair dismissal: Conduct unbecoming averment?

by GilesFiles | Dec 16, 2025 | AB1 - Fairness principle or concept, BCEA 1997 (LRL 10), Causes and defences, CCMA awards, Codes, Compensation or damages, Conduct - gross, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, Fair procedure, Granted, ILO Convention 158/1982, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, Minute: pre-trial or arb, Notice requirements, Orders, Parties, Personal services, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void, Warnings | 0 |

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Appropriate electricity tariff: Business or domestic?

by GilesFiles | Dec 15, 2025 | 2020 onwards, AP - Community schemes, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Costs awarded, Courts, Declaratory, Disallowed, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, P Coppin, Parties, Regulations, Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Interdictory relief granted: PDA sec 6(1) rw 4(1B)

by GilesFiles | Dec 10, 2025 | 2020 onwards, Applications, Causes and defences, Costs not awarded, Courts, Declaratory, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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Prohibited discrimination considered: LRA sec 5 bonus?

by GilesFiles | Dec 8, 2025 | 2020 onwards, Bill of Rights, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, False assumptions, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 02: 4-10 FOA, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Stated case, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Releasing relevant information: Public-interest override?

by GilesFiles | Dec 5, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Provincial, Sectors, State organs, Statutory, Topics | 0 |

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Substantively unfair dismissal: Reinstatement ordered

by GilesFiles | Dec 2, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Disputes: factual, Evidence & onus, Fair procedure, Granted, Harass & bully, 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, LRA Sch 8: GP Code, Orders, Parties, Personal services, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Universities and schools, Unlawful and void | 0 |

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Valid operational requirements: Substance & procedure?

by GilesFiles | Nov 27, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, B Waglay, Causes and defences, Costs not awarded, Courts, Declaratory, Hospitality, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Retired judges, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Proving gross negligence: No acceptable evidence

by GilesFiles | Nov 27, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Declaratory, Disputes: right or interest, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade, 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: Legal Practice