Granted Archives - GilesFiles

Limited damages rule: Restricted to notice period?

by GilesFiles | Oct 20, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Compensation, Contractual breach, Courts, Declaratory, Fixed-term, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Notice requirements, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 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,...

Mutual separation agreement: Exceptions upheld with costs

by GilesFiles | Oct 3, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Exceptions/special pleas, Finance, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 1995, Mutual termination, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Employee leave provisions: Maternity parental & adoptive

by GilesFiles | Oct 3, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, ZLL Tshiqi | 0 |

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Exclusive use areas: Old and new provisions

by GilesFiles | Sep 29, 2025 | 2020 onwards, AP - Community schemes, Applications, Associations/corporates, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Granted, granted, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Statutory, Topics | 0 |

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Fixed-term contract: Not varied and expired

by GilesFiles | Sep 22, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Automatic, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt V ss 34-52, Employ Equity (LRL 12), Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Operation of law, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, 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,...

Settlement agreement payment: Ordered with interest

by GilesFiles | Sep 15, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, estoppel see res judicata, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Res judicata (issue estoppel), Sectors, Topics, Trade unions | 0 |

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Security bond exemption: Staying enforcement

by GilesFiles | Sep 12, 2025 | 2020 onwards, Applications, Balancing interests, Causes and defences, Contractual breach, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Security s145, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Termination (LRL 8), Topics | 0 |

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Contempt proceedings initiated: Minister breaching settlement?

by GilesFiles | Sep 3, 2025 | 2020 onwards, AH05 - EEA, AL - ILO, Applications, Causes and defences, Central, Contempt, Contractual breach, Courts, EEA 1998, Granted, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 1995, Orders, Parties, philosophy / economics, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Operational necessity justification: Trust relationship eroded

by GilesFiles | Aug 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Granted, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Invalid dismissal from outset: Full compensation awarded

by GilesFiles | Jul 8, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, District, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, MR Makhura, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Protecting confidential information: Return and destroy copies

by GilesFiles | Jun 19, 2025 | 2020 onwards, AB - Law generally, Access to information, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Free and fair, Granted, Granted, HC Uniform, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Markets in SA, Orders, Parties, Personal Information, Personal services, Private enterprises, Protectable interests, Risks, Rules Codes & Manual, Sectors, Topics | 0 |

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Unlawfully issued penalties: Legality principle breached

by GilesFiles | May 9, 2025 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Government, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Metro, Orders, Parties, Regulations, Review tests, SDJ Wilson, Sectors, Selected judges, self-created urgency, State organs, Statutory, staying proceedings, Topics | 0 |

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Category: Granted