erroneously sought Archives

Mutual separation agreement: LRA s 158(1)(c) rw 158(1A)

by GilesFiles | Aug 27, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disputes: right or interest, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Mutual termination, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Settlement agreements, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Training authorities, Universities and schools, Unlawful and void | 0 |

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Establishing legal causation: Factual but not legal test met?

by GilesFiles | Aug 25, 2026 | 2020 onwards, AUD, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, erroneously sought, Evidence & onus, Fair procedure, Incompatibility, Insolence and disrespect, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Minute: pre-trial or arb, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Geographical location discrimination: Award wrong in law

by GilesFiles | Aug 11, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Bill of Rights, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), erroneously sought, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Halting disciplinary enquiry: Occupational detriment?

by GilesFiles | Jul 31, 2026 | 2020 onwards, Causes and defences, Costs, Costs awarded, Costs punitive, Courts, Declaratory, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Incomplete disciplinary proceedings: Jurisdiction lacking?

by GilesFiles | Jun 30, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, erroneously sought, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Municipal, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Unenforceable restraint agreement: Vague excessively broad

by GilesFiles | Apr 20, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Costs, Costs awarded, Courts, Declaratory, erroneously sought, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, self-created urgency, TC Gandidze, Topics, Words & phrases | 0 |

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Alleged disability discrimination: Jurisdiction lacking

by GilesFiles | Apr 20, 2026 | Applications, Bill of Rights, Cause of action defined, Causes and defences, Central, Common law, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Equality Court, erroneously sought, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Refused, Review tests, Sectors, Special pleas, State Owned Enterprises, Statutory, Topics | 0 |

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High court jurisdiction: Sec 82(1) of MHSA

by GilesFiles | Mar 27, 2026 | 2020 onwards, Appeals - leave, Bill of Rights, Cause of action defined, Causes and defences, Common law, Costs, Costs awarded, Courts, Declaratory, Disallowed, erroneously sought, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

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Staying execution of award: Lapsing of review?

by GilesFiles | Mar 19, 2026 | 2020 onwards, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, erroneously sought, Exceptions/special pleas, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, Local, Orders, Parties, Rules Codes & Manual, Sectors, Special pleas, State organs, staying proceedings, Topics | 0 |

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Body corporate administrator: When to appoint?

by GilesFiles | Feb 27, 2026 | 2020 onwards, Applications, BC and HOAs, Cause of action defined, Causes and defences, Community schemes, Consumer protection, Costs, Costs awarded, Courts, Declaratory, erroneously sought, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

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Legality review not applicable: Private power exercised?

by GilesFiles | Feb 11, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Constitutional Court, Costs, Courts, Disallowed, erroneously sought, HC Uniform, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Personal services, Private enterprises, Refused, Review tests, Sectors, Special pleas, Statutory, Thresholds, Topics | 0 |

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Independent contractor or employee: Section 200A of LRA

by GilesFiles | Nov 17, 2025 | 2020 onwards, Causes and defences, Costs not awarded, Courts, Declaratory, Disputes: right or interest, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Category: erroneously sought