Just and equitable relief Archives

Incompatibility or incapacity: Procedural unfairness compensated

by GilesFiles | Feb 11, 2020 | 2020, 74 Transport supporting auxiliary, 99 Service activities other, Acting LAC judges, appeal, Appeals, Compensation, Courts, Dispute Resolution (LRL 3), Granted, Incompatibility, John Murphy, Judges, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Orders, Orders re costs, Parties, Private enterprises, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Counterclaim damages awarded: Unprotected strike

by GilesFiles | Jan 23, 2020 | 2020, 35 Manufacture of basic metals, Acting LC judges, Adverse inferences, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Cause: delict, Cause: statute, Codes of good practice, Collective Bargaining (LRL 5), Common Law, Compensation, Courts, Declaratory, Dismissals see also Termination, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Parties, Power plays (LRL 6), Sectors, Statement of claim, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Valid reason and fair reason | 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,...

Unusual costs order: Successful legal practitioner

by GilesFiles | Dec 11, 2019 | 2019, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), erroneously granted, 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, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Parties, Roland Sutherland, Sectors, Statutes (LRL 2) - work law, 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,...

Strikers denied compensation: Dismissal procedure unfair

by GilesFiles | Nov 29, 2019 | 11 Agriculture hunting etc, 2020, Acting LC judges, Agriculture, Applications, Compensation, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, philosophy / economics, Power plays (LRL 6), Procedural issues, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics, 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,...

Rights unjustifiably limited: Polygamous customary marriages

by GilesFiles | Nov 26, 2019 | 2019, abuse of process, Appeals, Applications, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Just and equitable relief, Legal Practice, NZ Mhlantla, Orders, philosophy / economics, 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,...

Unprotected underground sit-in: dismissals inappropriate

by GilesFiles | Sep 19, 2019 | 2019, 23 Mining gold & uranium, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Invalid or unfair reason, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, Orders re costs, Power plays (LRL 6), RGO Lagrange, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (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,...

Disproportionate pay differentiation: Remedial action

by GilesFiles | Aug 23, 2019 | 2019, 92 Education, Acting LC judges, Benefits - 186(2)(a), Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Legal Practice, Parties, Pay progression, Remuneration, Sectors, Statutes (LRL 2) - work law, Topics, Universities and schools, Work Science Institute | 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,...

Trust relationship impacted: Valid but unfair reason

by GilesFiles | Aug 21, 2019 | 2019, Appointed LC judges, Cause: contractual breach, Common Law, Courts, Dispute Resolution (LRL 3), Government - central, Invalid or unfair reason, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Operational requirements-s189, Review tests, Risks, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 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,...

Impractical reinstatement considered: Compensation increased

by GilesFiles | Jun 13, 2019 | 2019, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Judges, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Orders re costs, Reinstatement, Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

Alleged oral agreement: Non-variance clause interpreted

by GilesFiles | May 31, 2019 | 2019, BC Mocumie, Common Law, Courts, Estate agents, Evidence and onus, Judges, Just and equitable relief, Legal Practice, parol evidence rule, Parties, Property, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Unsuccessful damages claim: Unprotected strike action

by GilesFiles | Apr 24, 2019 | 2019, 35 Manufacture of basic metals, Appointed LC judges, Codes of good practice, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 4: s64-77 Strikes & lockouts, Orders re costs, Sectors, Statutes (LRL 2) - work law, 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,...

Legality principle examined: Comparing PAJA reviews

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Government - municipal, JC Froneman, Judges, Just and equitable relief, Legal Practice, Legality principle, Orders, PAJA 2000, Review tests, Sectors, State self-reviews, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and dissenting judgment deals in some detail why it cannot agree with everything stated in the majority judgment. “In...

Category: Just and equitable relief