Common law Archives - GilesFiles

Rescinding default order: Is notice required?

by GilesFiles | Jul 18, 2026 | 2020 onwards, Applications, Causes and defences, Common law, Condonation, Costs, Costs awarded, Courts, Declaratory, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

Jurisdiction not established: Employment law rights?

by GilesFiles | Jul 15, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Common law, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Rules of natural justice: Context-sensitive?

by GilesFiles | Jun 24, 2026 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, DN Unterhalter, Fair procedure, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Micro enterprises, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics, Unlawful and void | 0 |

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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 |

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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 |

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Alleged disability discrimination: Jurisdiction lacking

by GilesFiles | Apr 20, 2026 | Applications, Bill of Rights, Cause of action defined, Causes and defences, Central, Common law, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Discrimination (LRL 11), Equality Court, erroneously sought, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Refused, Review tests, Sectors, Special pleas, State Owned Enterprises, Statutory, Topics | 0 |

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Invalid discriminatory grounds: Arbitrary ground of exploitation?

by GilesFiles | Apr 16, 2026 | 2020 onwards, Absolution, Applications, Cause of action defined, Causes and defences, Central, Common law, Costs, Costs not awarded, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics | 0 |

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High court jurisdiction: Sec 82(1) of MHSA

by GilesFiles | Mar 27, 2026 | 2020 onwards, Appeals - leave, Bill of Rights, Cause of action defined, Causes and defences, Common law, Costs, Costs awarded, Courts, Declaratory, Disallowed, erroneously sought, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

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Transferring business undertaking: Legal principles applied

by GilesFiles | Nov 27, 2025 | 2020 onwards, Appeals, B Waglay, Balancing interests, Causes and defences, Common law, Construction industry, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 197 - transfers, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Interdicts and ancillary claims: Restraint remains enforceable?

by GilesFiles | Oct 27, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Common law, Contractual breach, Costs awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints, Words & phrases | 0 |

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Removing cattle from farm: Grazing rights confirmed

by GilesFiles | Aug 1, 2025 | 2020 onwards, Agriculture, Allowed, Appeals, Bill of Rights, Causes and defences, Common law, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Micro enterprises, OL Rogers, Orders, Parties, Private enterprises, Review tests, Sectors, Statutory, Topics | 0 |

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Bargaining council agreement: Allowing employer exemptions

by GilesFiles | Apr 9, 2025 | 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Applications, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Common law, Consumer protection, Courts, Declaratory, Free and fair, granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Management, Markets in SA, Objective - correctness, Orders, Organisations (LRL 4), Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication, 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,...

Category: Common law