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

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 |

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,...

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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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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Infringing protectable interests: Restraining order granted

by GilesFiles | Dec 24, 2019 | 2019, 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, 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), 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, Sectors, Specific performance, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Labour court jurisdiction: BCEA compliance

by GilesFiles | Nov 26, 2019 | 2019, Applications, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), 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, 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), 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 |

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,...

Enforcing contractual rights: Lawfulness and fairness

by GilesFiles | Nov 25, 2019 | 2019, 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, 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...

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