Interpretation etc Archives

Refusing leave to appeal: Recusal of arbiter?

by GilesFiles | Mar 12, 2025 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Accepting tender of services: Essential element?

by GilesFiles | Mar 11, 2025 | 2020 onwards, Causes and defences, Costs, Courts, 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, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Interpreting reinstatement order: Prescription of claim?

by GilesFiles | Mar 10, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Manufacturing, Orders, Parties, Pleadings, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Justifiable operational requirements: Alternatives considered

by GilesFiles | Mar 6, 2025 | 2020 onwards, Appeals, Appeals - leave, Balancing interests, Causes and defences, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, 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, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Minimum services agreement: Essential service considered

by GilesFiles | Mar 5, 2025 | 2020 onwards, AB - Law generally, AL - ILO, Applications, Causes and defences, Central, Collective Bargain (LRL 5), Courts, Declaratory, Government, ILO Convention 87, ILO Convention 98, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Limits - 65, LRA 1995, LRA 3: 11-63 Bargain, Orders, Parties, Power plays (LRL 6), Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Legitimate operational justification: Competing for position?

by GilesFiles | Mar 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AM - Reason: valid and fair, Applications, Balancing interests, BM Whitcher, Causes and defences, Courts, Declaratory, Evidence & onus, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Management, Operational reasons, Orders, Parties, Personal services, Prerogative, Private enterprises, Refused, Resolving disputes (LRL 3), Restructuring, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

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Assessing bounds of reasonableness: Conceding negligence?

by GilesFiles | Mar 4, 2025 | 2020 onwards, André van Niekerk, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Determining dispute nature: Suspension or dismissal?

by GilesFiles | Mar 3, 2025 | 2020 onwards, Anton Myburgh, Causes and defences, Courts, Declaratory, Deemed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Universities and schools | 0 |

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Unlawfully applying self-help: Employment termination void

by GilesFiles | Feb 28, 2025 | 2020 onwards, Applications, Automatic, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Local, LRA 1995, LRA 8a: 185-197B Dismissal, MR Makhura, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Breaching housing policy: Possibility of business harm?

by GilesFiles | Feb 27, 2025 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct unbecoming, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Operational reasons, Orders, Parties, Personal services, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Refusing appeal leave: Collective misconduct and reinstatement

by GilesFiles | Feb 27, 2025 | 2020 onwards, Balancing interests, Causes and defences, Collective action, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike - protected, Termination (LRL 8), Topics | 0 |

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Automatically unfair dismissals: Reinstatement confirmed

by GilesFiles | Feb 26, 2025 | 2020 onwards, Appeals, Appeals - leave, AUD, Causes and defences, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (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,...

Category: Interpretation etc