Declaratory Archives

Under-represented groups: Pipelining to promote?

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, Appeals - leave, Causes and defences, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Staying disciplinary enquiry: Occupational detriment?

by GilesFiles | Oct 31, 2025 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, erroneously sought, Finance, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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TASK agreement back-pay: Standing and granted relief

by GilesFiles | Oct 31, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Equal pay and value, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, Management, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), SCA judges, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics, Work Science Institute | 0 |

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Transfer to labour court: High court lacks jurisdiction

by GilesFiles | Oct 31, 2025 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, erroneously sought, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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Retrenchment consultation process: LRA sec 189A(13)

by GilesFiles | Oct 30, 2025 | 2020 onwards, Balancing interests, Causes and defences, Costs not awarded, Courts, Declaratory, Granted, Inherent requirements, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, 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,...

Averments and artificial distinction: Reasonable appeal prospects

by GilesFiles | Oct 30, 2025 | 2020 onwards, AH07 - Practive Manual, Appeals, Appeals - leave, Causes and defences, Conduct unbecoming, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC-Practice Manual, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Varying or rescinding awards: Disallowed employee appeal

by GilesFiles | Oct 29, 2025 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Costs not awarded, Courts, Declaratory, Disallowed, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 193, LRA 1995, LRA C: 133-150 CCMA, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Detained and released employee: Compensated not reinstated?

by GilesFiles | Oct 27, 2025 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs not awarded, Courts, Declaratory, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Operation of law, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Suspension pending enquiry: Precautionary in nature?

by GilesFiles | Oct 22, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Refused, SDJ Wilson, Sectors, Selected judges, Statutory, Topics, Universities and schools | 0 |

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Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Compliance with Covid-19 policies: Refusal to perform?

by GilesFiles | Oct 20, 2025 | 2020 onwards, Absenteeism, Applications, Automatic, Causes and defences, CCMA Rules-new, Contractual breach, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Objective - correctness, Operation of law, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Settlement agreement disputed: Cause of action?

by GilesFiles | Oct 20, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, Settlement agreements, State organs, Statutes (LRL 2)-work, 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: Declaratory