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

Alleged discrimination and unlawfulness: Unfair conduct?

by GilesFiles | Sep 30, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Pleadings: amending, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Damages for unlawful termination: Limited to notice period?

by GilesFiles | Sep 21, 2026 | 2020 onwards, Anton Myburgh, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Notice requirements, Orders, Parties, Resolving disputes (LRL 3), Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics | 0 |

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Concealing business associations: Employer awarded damages

by GilesFiles | Sep 18, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Compensation or damages, Contractual breach, Costs, Costs awarded, Costs punitive, Courts, Damages, Delict, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Sectors, Statutes (LRL 2)-work, Topics, Trade | 0 |

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Unsupported legal basis: Right not identified?

by GilesFiles | Sep 14, 2026 | 2020 onwards, Allowed, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, CCMA & BC, Central, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, LAC judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Personal services, Review tests, Sectors, Statutory, Topics | 0 |

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Refused severance pay: Reasonable alternative offered

by GilesFiles | Sep 7, 2026 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Severance pay, State Owned Enterprises, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Enforcing restraint agreement: Commencement date?

by GilesFiles | Aug 25, 2026 | 2020 onwards, André van Niekerk, Appeals - leave, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Common law, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, 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,...

Fraudulent contractual breach: Senior university manager

by GilesFiles | Aug 21, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Contractual breach, Costs, Costs awarded, Courts, Damages, Evidence & onus, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Resolving disputes (LRL 3), RN Daniels, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Discontinuing overtime payments: Contractual right?

by GilesFiles | Aug 7, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Common law, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Metro, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

Public office bearers: Entitlement to leave?

by GilesFiles | Aug 5, 2026 | 2020 onwards, BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Resolving disputes (LRL 3), SDJ Wilson, Sectors, State organs, Statutory, Topics | 0 |

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Enforceability of restraint principles: Reasonableness considered

by GilesFiles | Jul 30, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, LAC judges, Legal Practice, Legality principle, Legislation, Orders, Parties, Private enterprises, Protectable interests, Review tests, Sectors, Topics, Trade, Trade restraints | 0 |

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Jurisdiction not established: Employment law rights?

by GilesFiles | Jul 15, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Common law, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Enforcing trade restraint: Rules 38 & 39 applied

by GilesFiles | Jul 10, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, 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) & 77A(e)