Just and equitable relief Archives

Trustees instituting action: Must use Ombud service

by GilesFiles | May 26, 2022 | 2020 +, Applications, Awarded, Biowatch principle, Body corporates, Causes of action, Community housing schemes, Courts, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Legislation, MR (management), Orders, Orders re costs, Parties, Sectors, Statutory, Topics, Urgency | 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,...

Retrospective reinstatement ordered: Assess independently?

by GilesFiles | May 10, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence | 0 |

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Protected disclosures considered: Automatically unfair

by GilesFiles | Mar 28, 2022 | 2020 +, Acting LC judges, Applications, Automatically unfair - s187, Awarded, Bill of Rights, Causes of action, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Finance, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, occupational detriment, Orders, Orders re costs, Parties, Private enterprises, protected disclosure, Protection of Personal Information, Rules, Sean Snyman, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

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Varying arbitration award: Giving effect to true meaning

by GilesFiles | Sep 10, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Invalid closed shop: Interim relief order granted

by GilesFiles | Aug 17, 2021 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Granted, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organisations (LRL 4), Parties, Personal services, Rules, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Quantifying back-pay: Material mistake

by GilesFiles | Jul 6, 2021 | 2020 +, 2020 +, appeal, Appeals, Capacity, Causes of action, Compensation, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Factual disputes, Judges, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

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Collective misconduct reconsidered: Intended harm proved

by GilesFiles | Jun 23, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Causes of action, Circumstantial, Construction industry, Corroboration, Courts, Declaratory, Delict, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Gross misconduct, Interpretation and application, Judges, Just and equitable relief, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Summary - generally, Termination & dismissal (LRL 8), Topics, Totality, Trade unions | 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,...

Compensating procedural unfairness: Discretionary award

by GilesFiles | Jun 17, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Disallowed, Dismissal generally, Dispute Resolution (LRL 3), Government, Gross misconduct, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Procedural issues, Provincial, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Post-retirement benefits: Discretionary policy or practice

by GilesFiles | Jun 2, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Judges, Just and equitable relief, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8b: s185-186(2) Labour practices, Onus of proof, Operational requirements-s189, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 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,...

Refusing reinstatement overturned: Absence of reasons

by GilesFiles | Apr 16, 2021 | 2020 +, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Government, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, MZN Lallie, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Biowatch principle, Causes of action, ConCourt judges, Constitutional Court, Courts, Declaratory, Exceptions/special pleas, General, Government, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, M Madlanga, Orders, Orders re costs, Organs of state, Parties, Provincial, Res judicata (issue estoppel), Sectors, Topics | 0 |

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Incompetent nullity declaration: Hate speech claim

by GilesFiles | Mar 24, 2021 | 2020 +, Allowed, appeal, Appeals, Courts, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Parties, SCA judges, Supreme Court of Appeal, Topics, Trade unions | 0 |

Solidarity v Black First Land First (BLF) SCA made an incompetent nullity declaration anfter deciding that the high court should have taken time to consider Qwelane and rendered its judgment so as to decide the case and could...

Category: Just and equitable relief