BCEA 77(3) and 77A(e) Archives

Disputed severance pay: Reliance on weak authority

by GilesFiles | Jan 28, 2022 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Courts, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private security, Sectors, Severance forfeited, Statutes (LRL 2) - work law, 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,...

Employment jurisdictional issues: Unfair labour practices

by GilesFiles | Nov 17, 2021 | 2020 +, appeal, Appeals, Applications, BCEA 77(3) and 77A(e), Cause: general, Cause: statute, Central, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Onus of proof, Orders, Orders re costs, Organs of state, Parties, SCA judges, Sectors, Special pleas, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics | 0 |

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

Contractual breach examined: Limited damages rule

by GilesFiles | Oct 20, 2021 | 2020 +, Acting LC judges, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Central, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Sectors, Statutes (LRL 2) - work law, 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,...

Real dismissal reason: Duty of court to determine

by GilesFiles | Oct 13, 2021 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, BCEA 1997, BCEA 77(3) and 77A(e), Central, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Orders, Orders re costs, Organs of state, Parties, Reinstatement, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 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,...

Preliminary jurisdictional issues: Claims prescribed?

by GilesFiles | Sep 21, 2021 | 2020 +, Acting LC judges, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Central, Common Law, Constructive, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Interpretation and application, Joinder of parties, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Orders re costs, Organs of state, Parties, prescription, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

B v Defence and Military Veterans Labour court decided preliminary jurisdictional issues and confirmed that if the respondents had raised the provisions of the Institution of Legal Proceedings Act the applicant could then have...

Unenforceable rights considered: Appointments expired

by GilesFiles | Sep 21, 2021 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: general, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, Government, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Municipal managers, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 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,...

Claiming civil damages: Dismissal to reinstatement

by GilesFiles | Jul 5, 2021 | 2020 +, Acting LC judges, Applications, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, 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,...

Breaking termination agreement: Confidential information

by GilesFiles | Jun 14, 2021 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Dennis Davis, Dispute Resolution (LRL 3), Electricity, Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Refused, Review tests, Sectors, Statement of claim, Statutes (LRL 2) - work law, 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,...

Appealing restraint order: Unacceptable grounds

by GilesFiles | Jun 10, 2021 | 2020 +, André van Niekerk, Appeals, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Competition, Courts, Dispute Resolution (LRL 3), Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Protectable business interests, Restraints and restrictions, Rules, Statutes (LRL 2) - work law, 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,...

Performance incentive bonus: Remuneration or benefit?

by GilesFiles | May 31, 2021 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Constructive, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Proof required, Resignation voluntary, Review tests, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Enforcement pending appeal: Notice and condonation?

by GilesFiles | May 17, 2021 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Courts, Declaratory, Dispute Resolution (LRL 3), Hospitality, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Private enterprises, Rules, Sectors, Statutes (LRL 2) - work law, 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,...

Broad discretion exercised: Material compliance with policy?

by GilesFiles | May 11, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, Parties, Sectors, SOEs (State Owned Enterprises), Special pleas, Specific performance, Statutes (LRL 2) - work law, 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: BCEA 77(3) and 77A(e)