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

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 |

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Age discrimination confirmed: Substantial claim awarded

by GilesFiles | Jun 18, 2026 | 2020 onwards, Applications, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Compensation or damages, Costs, Costs awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, MZN Lallie, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Retirement, Sectors, Severance pay, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Unlawful and void | 0 |

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Unlawful salary deductions: Sec 34 of BCEA

by GilesFiles | Jun 11, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Failure to give notice: Sec 3(1)(a) of the ILPA

by GilesFiles | May 11, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Damages, Declaratory, Exceptions/special pleas, Government, granted, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Metro, Orders, Parties, RN Daniels, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutory, Topics | 0 |

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Claiming backpay as damages: Notice not given?

by GilesFiles | Apr 22, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Common law, Costs, Costs not awarded, Courts, Damages, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 194, Metro, Orders, Parties, Refused, Refused, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

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Unenforceable restraint agreement: Vague excessively broad

by GilesFiles | Apr 20, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Costs, Costs awarded, Courts, Declaratory, erroneously sought, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, self-created urgency, TC Gandidze, Topics, Words & phrases | 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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Applying incorrect standard: Review not an appeal?

by GilesFiles | Mar 26, 2026 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, BCEA 77(3) & 77A(e), Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Transport & communication, Trust & confidence | 0 |

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Internal disciplinary hearing: Arbiter inquiry s 188A(11)?

by GilesFiles | Mar 24, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, 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: BCEA 77(3) & 77A(e)