Irregular proceeding Archives

Setting aside writ: Applicable legal principles

by GilesFiles | Apr 10, 2025 | 2020 onwards, Applications, Causes and defences, Central, Courts, Declaratory, General, Government, Granted, granted, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 193, LRA 1995, MZN Lallie, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics, Urgency | 0 |

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Prescribed cause of action: Subpoena duces tecum

by GilesFiles | Dec 30, 2024 | 2020 onwards, Access to information, Appeals, Bill of Rights, Cause of action defined, Causes and defences, Costs, Courts, Declaratory, Disallowed, Disputes: right or interest, Evidence & onus, Government, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legislation, lis alibi pendens, Orders, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, Topics, Universities and schools | 0 |

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Perempting appeal considered: Improper legal strategy?

by GilesFiles | Dec 24, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Disallowed, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Reimbursing Body Corporate: Owner’s right to litigate?

by GilesFiles | Oct 12, 2023 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Disallowed, Evidence & onus, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Orders, PA Meyer, Parties, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Statutory, Supreme Court of Appeal, Topics | 0 |

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Unprotected strike action: Refused leave to appeal

by GilesFiles | Jun 15, 2023 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Agriculture, Applications, Causes and defences, Confirmed, Contractual breach, Costs, Courts, Declaratory, Granted, High Court, High Court judges, Interdicts & rules, Irregular proceeding, Judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Rule nisi, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Leave to appeal applications: Time limits considered

by GilesFiles | Jan 17, 2023 | 2020 onwards, Applications, Causes and defences, Condonation, Costs, Courts, Declaratory, Irregular proceeding, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Employer vicariously liable: False racial harassment

by GilesFiles | Jan 10, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Damages, Declaratory, Delict, Dignity equality freedom, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, False assumptions, Government, Harass & bully, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, MPN Nkutha-Nkontwana, Orders, Parties, Policies - all, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Vicarious liability | 0 |

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Gross irregularities detected: Award set aside

by GilesFiles | Sep 12, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Fair procedure, Finance, H Rabkin-Naicker, Insights, Interpretation etc, Irregular proceeding, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Performance, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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True cause of action: Urgent application refused

by GilesFiles | Aug 30, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Costs awarded, Courts, Government, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), Topics, Urgency | 0 |

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Irregular review process: Trial by ambush

by GilesFiles | Mar 17, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Costs, Courts, Exceptions/special pleas, Finance, Irregular proceeding, Judges, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, P Coppin, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Signing affidavits considered: Authorised by attorney

by GilesFiles | Mar 16, 2022 | 2020 onwards, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, General, Government, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Municipal, MZN Lallie, Orders, Parties, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Topics | 0 |

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Salary award misconceived: Set aside on appeal

by GilesFiles | Dec 10, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Dennis Davis, Government, Illness & injury, Irregular proceeding, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Operational reasons, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, State organs, Statutes (LRL 2)-work, 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: Irregular proceeding