Disallowed Archives - GilesFiles

Collective agreement interpreted: Professional nurses?

by GilesFiles | Sep 29, 2026 | 2020 onwards, Appeals, Cause of action defined, Causes and defences, Condonation, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, 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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Severance pay claim: Sec 41 of BCEA considered

by GilesFiles | Sep 29, 2026 | 2020 onwards, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Severance pay, Special pleas, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

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Treatment of probabilities: Different credibility findings?

by GilesFiles | Sep 22, 2026 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct unbecoming, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Substance, Suspicion, Termination (LRL 8), Topics | 0 |

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Expeditious dispute resolution: Need for finality

by GilesFiles | Sep 22, 2026 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, LC-Practice Manual, leave to appeal, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Established review test: Assaulting fellow employee

by GilesFiles | Sep 10, 2026 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Disproportionate conduct response: Invalid unfair reason

by GilesFiles | Sep 1, 2026 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Government, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void | 0 |

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Material error of law: Section 57 of CSOS Act?

by GilesFiles | Aug 31, 2026 | 2020 onwards, Appeals, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, Disallowed, erroneously sought, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Enforcing restraint agreement: Commencement date?

by GilesFiles | Aug 25, 2026 | 2020 onwards, André van Niekerk, Appeals - leave, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Common law, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Fairness of disciplinary sanction: Reasonable outcome?

by GilesFiles | Aug 20, 2026 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Collective action, Conduct unbecoming, Consistency element, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, erroneously sought, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Motor industry, Orders, Parties, Private enterprises, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

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Reasonable and proportionate response: Operational requirements?

by GilesFiles | Aug 12, 2026 | 2020 onwards, Appeals, Appeals - leave, Balancing interests, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Material statutory irregularity: Raising issue mero motu?

by GilesFiles | Jul 31, 2026 | 2020 onwards, Appeals, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Enforceability of restraint principles: Reasonableness considered

by GilesFiles | Jul 30, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, LAC judges, Legal Practice, Legality principle, Legislation, Orders, Parties, Private enterprises, Protectable interests, Review tests, Sectors, Topics, Trade, Trade restraints | 0 |

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Category: Disallowed