Granted Archives - GilesFiles

Value judgment required: Duty to adduce evidence?

by GilesFiles | Sep 10, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Evidence & onus, Granted, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Pleadings, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Trust & confidence, Zero tolerance | 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,...

Security bond lacking: Award not suspended

by GilesFiles | Aug 12, 2024 | 2020 onwards, Applications, Causes and defences, Central, Contempt, Costs, Courts, Declaratory, Evidence & onus, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Words & phrases | 0 |

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Lapsing of managerial appointment: Interim order granted

by GilesFiles | Jul 30, 2024 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Deemed, Evidence & onus, Government, Granted, Granted, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Metro, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Unilateral salary reduction: Employment contract breached

by GilesFiles | Jun 26, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Binding separation agreements: Probabilities before credibility

by GilesFiles | Apr 11, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Mutual termination, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Private security, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), TES - LRA 198, Topics | 0 |

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Temporary employment service: Facilities management provider?

by GilesFiles | Jan 25, 2024 | 2020 onwards, Applications, Causes and defences, Central, Costs, Courts, Declaratory, Government, Granted, H Rabkin-Naicker, 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, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Reinstatement principles considered: Inappropriate or impractical?

by GilesFiles | Dec 14, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Edwin Molahlehi, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trust & confidence | 0 |

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Limited business transfer: Cross-border transport service

by GilesFiles | Nov 30, 2023 | 2020 onwards, Appeals, Causes and defences, Courts, Declaratory, Deemed, Dennis Davis, Granted, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retired judges, Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Precautionary suspensions examined: Complying with constitution

by GilesFiles | Nov 28, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Granted, 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, Objective - correctness, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suspensions, Topics, Trade unions | 0 |

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Working beyond retirement age: Automatically unfair dismissal

by GilesFiles | Nov 8, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Costs, Courts, Granted, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, MZN Lallie, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Compelling clearance certificate: Causes of action explained

by GilesFiles | Nov 2, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics, Uniform HC, Words & phrases | 0 |

Body Corporate of Marsh Rose v Steinmuller When is compelling clearance certificate possible after unit bought at sale in execution and there are still monies owing to body corporate by way of levies and costs? “[29] To...

Amending retirement age: Automatically unfair?

by GilesFiles | Jul 19, 2023 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Fixed-term, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Category: Granted