erroneously sought Archives

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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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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Intervening in disciplinary proceedings: Exceptional circumstances?

by GilesFiles | Jul 15, 2025 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Disallowed, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Resolving disputes (LRL 3), Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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True nature of dispute: Interpretation and/or application?

by GilesFiles | Mar 31, 2025 | 2020 onwards, Causes and defences, Contractual breach, Courts, Declaratory, erroneously sought, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, MR Makhura, Objective - correctness, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Striking off attorney: Failed attempt by disgruntled employee

by GilesFiles | Feb 25, 2025 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, erroneously sought, Evidence & onus, High Court, High Court judges, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Sectors, Statutory, Topics | 0 |

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Uplifting precautionary suspension: Suitable alternative remedy?

by GilesFiles | Dec 9, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Courts, erroneously sought, Government, Interpretation etc, 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, Orders, Parties, Provincial, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Struck off, Topics | 0 |

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Interdicting strike action: Protected or unprotected?

by GilesFiles | Nov 15, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, erroneously sought, Evidence & onus, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-77 Strikes, LRA 08a: 189 and 189A see Termination, LRA 1995, LRA 64 strike lockout, LRA 67 protected strike, Manufacturing, MR Makhura, Orders, Parties, Power plays (LRL 6), Private enterprises, Refused, Refused, Res judicata (issue estoppel), Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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

by GilesFiles | Jun 12, 2024 | 2020 onwards, Applications, Causes and defences, Compensation, Costs, Courts, Declaratory, erroneously sought, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 194, LRA 1995, Operation of law, Operational reasons, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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, Condonation, Contempt, Costs, Courts, erroneously sought, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 144 and 165 rescissions, LRA 1995, Non-profit organisations, Orders, Parties, Personal services, 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 & capacity, 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, 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 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, 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 & capacity, Costs, Costs punitive, Courts, Declaratory, erroneously sought, Exceptions/special pleas, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Refused, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), Topics | 0 |

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Category: erroneously sought