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

Jurisdictional issues considered: Leave pay declined

by GilesFiles | Jan 28, 2020 | 2020, 62 Retail trade not vehicles, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), BM Whitcher, Cause: delict, 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, Orders, Orders re costs, Parties, Private enterprises, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Topics | 0 |

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Counterclaim damages awarded: Unprotected strike

by GilesFiles | Jan 23, 2020 | 2020, 35 Manufacture of basic metals, Acting LC judges, Adverse inferences, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Cause: delict, Cause: statute, Codes of good practice, Collective Bargaining (LRL 5), Common Law, Compensation, Courts, Declaratory, Dismissals see also Termination, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Parties, Power plays (LRL 6), Sectors, Statement of claim, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Valid reason and fair reason | 0 |

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Protectable interests infringed: Restraining order granted

by GilesFiles | Dec 24, 2019 | 2019, 50 Construction, Acting LC judges, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Competition, Courts, Declaratory, Granted, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Legal Practice, Orders, Parties, Private enterprises, Protectable business interests, Restraints and restrictions, Sectors, Statutes (LRL 2) - work law, Topics, Urgency | 0 |

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Material contractual breach: Abandoning disciplinary procedure?

by GilesFiles | Dec 4, 2019 | 2019, 99 Service activities other, abuse of process, Applications, Appointed LC judges, Associations, Attorney client scale, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Dismissal generally, Dispute Resolution (LRL 3), Employment relationship, Incompatibility, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Non-profit organisations, Orders, Orders re costs, Parties, Private enterprises, Procedural issues, punitive costs, RGO Lagrange, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Labour court jurisdiction: BCEA compliance

by GilesFiles | Nov 26, 2019 | 2019, 62 Retail trade not vehicles, Applications, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), CN Jafta, ConCourt judges, Constitutional Court, Courts, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Retirement age dispute: Revised employment contract

by GilesFiles | Nov 25, 2019 | 2019, 91 Public administration defence, Acting LAC judges, Appeals, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Common Law, Courts, Dismissal generally, Dispute Resolution (LRL 3), F Kathree-Setiloane, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Operation of law, Organs of state, Parties, Retirement age, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Enforcing contractual rights: Lawfulness and fairness

by GilesFiles | Nov 25, 2019 | 2019, 92 Education, Acting LAC judges, Appeals, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Cause: general, Common Law, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, F Kathree-Setiloane, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Res judicata, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Universities and schools | 0 |

Archer v Pinelands High School Enforcing contractual rights is distinct from a cause of action based on the statutory right ‘not to be unfairly dismissed’ which means that former employees may pursue two claims...

Salary deductions considered: Jurisdiction lacking

by GilesFiles | Nov 7, 2019 | 2019, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: statute, Common Law, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Government - municipal, Government: Municipal, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics, Trade unions | 0 |

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Security clearance denied: Termination of employment

by GilesFiles | Oct 15, 2019 | 2019, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Capability or capacity, common assumption false, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Financial services, Government - provincial, Impossibility of performance, impossible or illegal, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operation of law, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency, Valid reason and fair reason | 0 |

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Employment contractual breach: Jurisdiction of high court

by GilesFiles | Sep 18, 2019 | 2019, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Cause: general, Common Law, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Relations, Legal Practice, SCA judges, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics, ZLL Tshiqi | 0 |

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Damages not proved: Breach of employment contract

by GilesFiles | Aug 28, 2019 | 2019, 23 Mining gold & uranium, Applications, Appointed LAC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Orders, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Post-retirement benefits: Policy changed lawfully

by GilesFiles | Jun 20, 2019 | 2019, 62 Retail trade not vehicles, BCEA 1997, BCEA 77(3) and 77A(e), Benefits - 186(2)(a), Common Law, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Category: BCEA 77(3) and 77A(e)