Refused Archives - GilesFiles

Pleading necessity defence: Exceptional circumstances?

by GilesFiles | Mar 26, 2025 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Disallowed, DN Unterhalter, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, Private security, Refused, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Special pleas, Struck off, Supreme Court of Appeal, Topics | 0 |

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Concluding settlement agreement: Employer alleging duress?

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, General, 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, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Legitimate operational justification: Competing for position?

by GilesFiles | Mar 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BM Whitcher, Causes and defences, Courts, Declaratory, Evidence & onus, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Management, Managerial prerogative, Operational reasons, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Restructuring, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

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Condoning late applications: Risk management response

by GilesFiles | Feb 25, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Condonation, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Gross misconduct, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Orders, Parties, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Providing security considered: Stay and enforcement?

by GilesFiles | Jan 31, 2025 | 2020 onwards, Applications, BM Whitcher, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Orders, Parties, Provincial, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Security s145, Selected judges, State organs, Statutes (LRL 2)-work, staying proceedings, Topics | 0 |

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Interdicting protected strike: Why was protection not lost?

by GilesFiles | Jan 28, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Power plays (LRL 6), Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike - protected, Strike s68 unprotected, Topics | 0 |

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Refusing eviction application: Procedurally and substantively flawed

by GilesFiles | Jan 16, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, General, HC Uniform, High Court, High Court judges, Interdicts & rules, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Refused, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

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Conduct related termination: Harassment not proved

by GilesFiles | Dec 17, 2024 | 2020 onwards, Applications, AUD, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), Edwin Tlhotlhalemaje, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Hearsay, 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, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Zero tolerance | 0 |

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Claiming leave pay: BCEA section 73A examined

by GilesFiles | Nov 19, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Evidence & onus, Government, 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, Orders, Parties, Provincial, Refused, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Interdicting strike action: Protected or unprotected?

by GilesFiles | Nov 15, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, erroneously sought, Evidence & onus, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, LRA 8a: 189 and 189A see Termination, Manufacturing, MR Makhura, Orders, Parties, Power plays (LRL 6), Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike - protected, Strikes - 64, Topics | 0 |

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Eviction application requirements: No appeal right nor prospects

by GilesFiles | Oct 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, Courts, Disallowed, Eviction/ejectment, Evidence & onus, Government, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Metro, Orders, Parties, Refused, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, State organs, Statutory, Topics | 0 |

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Convening disciplinary committee: Three-stage inquiry

by GilesFiles | Sep 30, 2024 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Misconduct & incapacity, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, Statutory, Termination (LRL 8), Topics | 0 |

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Category: Refused