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

Project based work: No absolute right to work

by GilesFiles | Feb 11, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Construction, Courts, Declaratory, Dispute Resolution (LRL 3), Fixed-term contracts, Interpretation and application, Judges, Jurisdiction and powers, 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, Markets in SA, Operational requirements-s189, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Proof required, Roman Dutch law principles, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned that the applicant may well have been similarly qualified and...

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Arrear wages awarded: Jurisdiction and prescription

by GilesFiles | Nov 24, 2020 | 2020 +, Acting LAC judges, Appeals, Applications, 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, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, prescription, Private enterprises, Sectors, Statutes (LRL 2) - work law, Topics, Transport & communication | 0 |

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Medical benefits capped: legitimate commercial rationale

by GilesFiles | Nov 24, 2020 | 2020 +, Acting LAC judges, Appeals, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Benefits - 186(2)(a), Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade | 0 |

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Unlawful precautionary suspension: LC lacks jurisdiction?

by GilesFiles | Sep 28, 2020 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, 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: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Municipal, Orders, Orders re costs, Parties, Refused, Sectors, Special pleas, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics, Urgency | 0 |

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Appeal outcome disputed: Interpretation of contract

by GilesFiles | Aug 13, 2020 | 2020 +, Applications, Appointed LC judges, Associations, BCEA 77(3) and 77A(e), Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), 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, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 0 |

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Enforcing contractual obligations: Preventing future breaches?

by GilesFiles | Aug 4, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Parties, punitive costs, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Specific performance, Statutes (LRL 2) - work law, Topics, Urgency, Zungu doctrine | 0 |

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Unlawful penalty stipulation: Deduction from agent’s commission

by GilesFiles | Jul 28, 2020 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Courts, Declaratory, Dispute Resolution (LRL 3), Estate agents, Evidence and onus, Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Personal services, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Topics | 0 |

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Policy contractually binding: Employment unlawfully terminated

by GilesFiles | Jun 9, 2020 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Dismissal generally, Dispute Resolution (LRL 3), Fixed-term contracts, Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, 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, Orders, Organs of state, Parties, Procedural issues, Sectors, SOEs (State Owned Enterprises), Specific performance, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication, Urgency | 0 |

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Enforcing restraint provisions: Document not signed

by GilesFiles | May 18, 2020 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Dennis Davis, Evidence and onus, Exceptions/special pleas, Factual disputes, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Plascon-Evans rule, Refused, Refused, Sectors, Special pleas, Topics | 0 |

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Employment dispute absent: Jurisdiction re pension benefits

by GilesFiles | May 18, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Applications, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Pension & retirement funds, Refused, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Jurisdictional issues considered: Leave pay declined

by GilesFiles | Jan 28, 2020 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), 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 +, 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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