Refused Archives - GilesFiles

Reinstating lapsed review: Condoning late application?

by GilesFiles | Jun 12, 2026 | 2020 onwards, Applications, Causes and defences, Common law, Condonation, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, self-created urgency, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Automatically unfair dismissal: Dispute properly conciliated?

by GilesFiles | Jun 8, 2026 | 2020 onwards, AUD, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 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,...

Recognised arbitrary ground: Qualifications?

by GilesFiles | May 18, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, Exceptions/special pleas, False assumptions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Pay differentials, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

Dialogue and reflection required: Invalid disciplinary procedure?

by GilesFiles | May 11, 2026 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Refused, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Peaceful strike conceded: Reinstatement justified

by GilesFiles | May 6, 2026 | 2020 onwards, 64-77 Strikes, 65 limitations, 68 strike unprotected, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Disciplinary issues, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

Insourcing water services: LRA sec 197 transfer & costs?

by GilesFiles | Apr 22, 2026 | 2020 onwards, Appeals, Appeals - leave, Balancing interests, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs awarded, Courts, Declaratory, Disallowed, District, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Operation of law, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, SA Majiedt, Sectors, State organs, 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,...

Operational requirements termination: Procedural fairness?

by GilesFiles | Apr 22, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, 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,...

Claiming backpay as damages: Notice not given?

by GilesFiles | Apr 22, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Common law, Costs, Costs not awarded, Courts, Damages, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 194, Metro, Orders, Parties, Refused, Refused, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Late filing of review: Condonation declined

by GilesFiles | Apr 13, 2026 | 2020 onwards, Bargaining councils, Causes and defences, Condonation, Costs, Costs not awarded, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, 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,...

Profit-sharing agreement: Contractual binding force?

by GilesFiles | Mar 18, 2026 | 2020 onwards, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, General, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Sectors, 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,...

Implementing new organogram: Failure unfair labour practice?

by GilesFiles | Mar 16, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Adjusting salary scale: Jurisdiction lacking?

by GilesFiles | Mar 2, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Refused, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, 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,...

Category: Refused