Legality principle Archives

Probationary period expired: Dismissal not proved

by GilesFiles | Jun 28, 2021 | 2020 +, Appointed LC judges, Cause: contractual breach, Common Law, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Orders, Organs of state, Parties, Probation - `186(2)(a), Probation or trial, Provisos, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication, 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,...

Jurisdictional power lacking: Destroying CCMA ruling

by GilesFiles | Jun 28, 2021 | 2020 +, Applications, Appointed LC judges, CCMA & BC, CCMA rules, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Objective or correct, Orders, Parties, Res judicata, Review tests, Rules and practice manuals, Rulings - s158(1)(g), 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,...

Compensating procedural unfairness: Discretionary award

by GilesFiles | Jun 17, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dismissal generally, Dispute Resolution (LRL 3), Government, Gross misconduct, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Procedural issues, Provincial, Refused, Review tests, Sectors, Sidumo - reasonableness, 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,...

Deemed discharge considered: Reinstatement after acquittal?

by GilesFiles | May 25, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Central, Courts, deeming provision, Discharged on account, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Lawfulness, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Objective or correct, Operation of law, Orders, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Summary - generally, 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,...

Collective agreement extended: Reviewed and set aside

by GilesFiles | May 10, 2021 | 2020 +, Appointed LC judges, Associations & corporate bodies, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, PAJA 2000, Parties, Review tests, Rulings - s158(1)(g), 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,...

Assisting learner drivers: Ubuntu defence rejected

by GilesFiles | Feb 8, 2021 | Acting LC judges, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Government, Gross misconduct, Judges, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Organs of state, Parties, Review tests, Sectors, State action - s158(1)(h), 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,...

Interrupting prescription considered: Debt includes award

by GilesFiles | Feb 8, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Cause: statute, Common Law, Construction industry, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Granted, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, prescription, Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

Concurrent jurisdiction considered: Unlawful employment termination?

by GilesFiles | Dec 4, 2020 | 2020 +, 2020 +, appeal, Appeals, Basic Conditions (LRL 10), Cause: contractual breach, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Landmark judgments, Lawfulness, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Special pleas, 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,...

Magistrate recusing himself: Reviewed and set aside

by GilesFiles | Nov 6, 2020 | 2020 +, A.G. Binns-Ward, Applications, Cause: Bill of Rights, Cause: general, Central, Common Law, Common law review, Courts, Declaratory, Government, High Court, High Court judges, interpleader proceedings, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legality principle, Orders, Organs of state, Parties, Review tests, Sectors, Topics | 0 |

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

Applying legality principle: Must consult over rules

by GilesFiles | Oct 9, 2020 | 2020 +, appeal, Appeals, Cause: statute, Central, Common Law, Courts, Declaratory, Government, Granted, Judges, Legal Practice, Legality principle, Orders, Parties, Pension & retirement funds, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Excising complainant name: Report scurrilously attacked

by GilesFiles | Jun 7, 2020 | 2020 +, Courts, High Court, High Court judges, Judges, Legal Practice, Legality principle, Parties, Review tests, SOEs (State Owned Enterprises), Topics | 0 |

Matlou v SABC Applicant failed to take High Court into his confidence by not disclosing the true facts regarding his appointment and qualifications and his attack against the report was also ‘formulated in an unduly wide...

Reciprocal contractual obligations: Duty to disclose transfer?

by GilesFiles | May 6, 2020 | 2020 +, Applications, Bill of Rights, Cause: Bill of Rights, Common Law, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Sectors, Special pleas, Topics | 0 |

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

Category: Legality principle