erroneously sought Archives

Compensation and damages considered: LRA s189A(13)(d)

by GilesFiles | Jun 12, 2024 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, erroneously sought, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 189 and 189A see Termination, Operation of law, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Contempt and rescission applications: Both refused

by GilesFiles | Aug 25, 2023 | 2020 onwards, Applications, Causes and defences, Contempt, Costs, Courts, erroneously sought, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Non-profit organisations, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Fixed term expired: Dismissal not proved

by GilesFiles | Aug 10, 2023 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, erroneously sought, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Sectors, Selected judges, Statutory, Termination (LRL 8), Topics | 0 |

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Waiving appeal rights: Leave refused

by GilesFiles | Mar 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Disallowed, erroneously sought, GN Moshoana, 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, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Jurisdictional issues considered: Struck off with costs

by GilesFiles | Nov 21, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Costs, Courts, Declaratory, erroneously sought, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), Topics | 0 |

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Contempt proceedings considered: Liquidation and joinder

by GilesFiles | Mar 22, 2022 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contempt, Contractual breach, Costs, Courts, Disallowed, erroneously sought, Evidence & onus, Joinder, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Furnishing transcribed record: Compliance Rule 7A(6)

by GilesFiles | Feb 22, 2022 | 2020 onwards, André van Niekerk, Applications, Costs, Courts, erroneously sought, ex parte, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, LCP Manual, Legal Practice, Legality principle, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Unilateral employment change: Lack of jurisdiction

by GilesFiles | Feb 21, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Costs, Courts, erroneously sought, General, H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Misrepresenting facts decried: Voluntary dispute settlement

by GilesFiles | Dec 13, 2021 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, erroneously sought, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resignations, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Cost to company remuneration: Alleged pay discrimination

by GilesFiles | Oct 21, 2021 | 2020 onwards, Awards -s145 see also Sidumo, Central, Collective Bargain (LRL 5), Costs, Courts, Declaratory, erroneously sought, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Special pleas, State organs, Statutes (LRL 2)-work, Topics | 0 |

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Rejecting nullity argument: Jurisdiction lacking

by GilesFiles | Aug 17, 2021 | 2020 onwards, Applications, BM Whitcher, Costs, Courts, Declaratory, erroneously sought, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

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Harassment claim rejected: Evidential onus considered

by GilesFiles | Jun 18, 2021 | 2020 onwards, Applications, BM Whitcher, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), erroneously sought, Evidence & onus, Finance, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, 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: erroneously sought