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

Accrued leave pay: Claim allowed s 73A BCEA

by GilesFiles | Nov 19, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Minimum wages claims: Jurisdictional issues?

by GilesFiles | Nov 4, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Personal services, Private security, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Restraint agreement enforced: Period reduced

by GilesFiles | Oct 18, 2024 | 2020 onwards, ABB - Fairness principle or concept, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Urgency | 0 |

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Underpayment of agreed salary: Collective agreement breached

by GilesFiles | Oct 9, 2024 | 2020 onwards, AF - Internal equity external parity, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, CCMA & BC, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Pay progression, Personal services, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics | 0 |

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Remuneration after reinstatement ordered: Backpay calculation

by GilesFiles | Oct 8, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Settlement agreements, Severance pay, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Operational requirements considered: Notice & severance pay?

by GilesFiles | Oct 2, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Personal services, 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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Unenforceable restraint agreement: Balancing of interests

by GilesFiles | Sep 25, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, Orders, Parties, Personal Information, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Selected judges, Topics | 0 |

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Restraint partially enforced: Key principles outlined

by GilesFiles | Sep 17, 2024 | 2020 onwards, AA - Resources generally, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics | 0 |

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Counterclaiming substantial damages: Lawfulness and fairness

by GilesFiles | Sep 13, 2024 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capability, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Protected: BCEA s74(2) changes: fair reason & fault (updated)

by GilesFiles | Jul 15, 2024 | AB - Law generally, Anton Steenkamp, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, Insights, Labour Relations, Organisations (LRL 4), Resolving disputes (LRL 3), Severance pay, Statutes (LRL 2)-work, Topics | 0 |

There is no excerpt because this is a protected post.

Pleading unlawfulness not unfairness: Jurisdiction lacking

by GilesFiles | Jul 5, 2024 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Pleadings, Provincial, Resolving disputes (LRL 3), 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 |

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)