Appeals Archives

Pre-retrenchment process: Selection criteria examined

by GilesFiles | Aug 29, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Pre-arbitration minute purpose: Exceeding agreed scope

by GilesFiles | Aug 22, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Courts, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Orders, Parties, Power plays (LRL 6), Provincial, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, 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,...

Mentally incapacitated person: Claim not prescribed

by GilesFiles | Aug 15, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, M Madlanga, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutory, Topics, Trade | 0 |

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Substantive fairness disputed: Procedural fairness distinguished

by GilesFiles | Aug 5, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, Finance, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Liability for costs: Trustees personally liable

by GilesFiles | Aug 2, 2024 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, Personal services, SCA judges, Sectors, Selected judges, Statutory, Supreme Court of Appeal, Topics, Trustees | 0 |

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Unlawful administrative act: Debt falling due?

by GilesFiles | Jul 30, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Delict, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Review tests, SDJ Wilson, Sectors, Selected judges, State Owned Enterprises, Statutory, Topics | 0 |

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Participating in gross misconduct: Violent protest and hostages

by GilesFiles | Jul 17, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct & capability, Contractual breach, Courts, Delict, Derivative action, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Strike s68 unprotected, Strikes - 64, Termination (LRL 8), Topics | 0 |

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Legality principle applied: Exercise of public power?

by GilesFiles | Jul 10, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules, Legal Practice, Legality principle, Legislation, Local, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Contractual & delictual damages: Claims prescribed

by GilesFiles | Jul 4, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 0 |

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Further evidence on appeal: Interests of justice

by GilesFiles | Jul 3, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Municipal, Orders, Parties, Resignations, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Misconduct defined and explained: Arbitrary and irrational decision-making

by GilesFiles | Jun 28, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disallowed, Government, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LP Tlaletsi, Orders, PA Meyer, Parties, Review tests, Rules Codes & Manual, SCA judges, Sectors, Selected judges, State Owned Enterprises, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

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Trade union status: Constitution precluded membership

by GilesFiles | Jun 21, 2024 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 9: 198-213 General, Orders, Organisations (LRL 4), Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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: Appeals