Jurisdiction & powers Archives

Privacy protection scope: Freedom of expression

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Personal Information, Pleadings, Private enterprises, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, 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,...

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, 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, Re-grading, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics | 0 |

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Material non-disclosure: Medical condition not proved

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings, Sectors, Topics, Words & phrases | 0 |

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Condoning late filing: Disallowed appeal

by GilesFiles | Oct 7, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, CCMA Rules, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Territorial jurisdiction considered: Enterprise outside SA

by GilesFiles | Oct 4, 2024 | 2020 onwards, Appeals, Causes and defences, Courts, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Territorial jurisdiction, Topics | 0 |

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Defamatory statements interdicted: Reputational damage protected

by GilesFiles | Oct 2, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Topics, Trade | 0 |

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Valid but unfair reason: Reinstated with limited backpay

by GilesFiles | Oct 2, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Courts, Declaratory, Disciplinary action, Government, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, 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, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Trust & confidence, Warnings | 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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Convening disciplinary committee: Three-stage inquiry

by GilesFiles | Sep 30, 2024 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Common law, Conduct & capability, Costs, Courts, Declaratory, Evidence & onus, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, Statutory, Termination (LRL 8), Topics | 0 |

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Undermining judicial independence: Granted interim interdict

by GilesFiles | Sep 27, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Common law, Costs, Courts, Declaratory, General, Government, Granted, granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Rule nisi, Rules Codes & Manual, Sectors, State organs, Topics, Urgency | 0 |

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Complying with fair procedure: Jurisdiction lacking?

by GilesFiles | Sep 26, 2024 | 2020 onwards, André van Niekerk, Causes and defences, Costs, Courts, 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, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics | 0 |

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Procedural unfairness compensation: Valid and fair dismissal reason?

by GilesFiles | Sep 26, 2024 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Gross misconduct, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence, Zero tolerance | 0 |

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Category: Jurisdiction & powers