Legality principle Archives

Sale not transfer agreement: LRA s197 jurisdiction lacking

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, BCEA 77(3) and 77A(e), Business transfers, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

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Unlawful pay deductions: Coupled with invalid dismissal

by GilesFiles | Apr 29, 2022 | 2020 +, Applications, Appointed LC judges, Awarded, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Central, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, H Rabkin-Naicker, Interdicts and rule nisi, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Urgency | 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 dismissal requirements: Automatic reinstatement

by GilesFiles | Apr 8, 2022 | 2020 +, Applications, Appointed LC judges, Awarded, BM Whitcher, Causes of action, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Evidence and onus, Government, Granted, Interdicts and rule nisi, Interpretation and application, 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, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Sectors, Specific performance, Statutes (LRL 2) - work law, Statutory, 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,...

Irregular review process: Trial by ambush

by GilesFiles | Mar 17, 2022 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Finance, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, P Coppin, Parties, Private enterprises, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Precautionary suspension upheld: Rational lawful decision

by GilesFiles | Mar 15, 2022 | 2020 +, Applications, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Evidence and onus, General, Government, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, PAJA 2000, Parties, Refused, Review tests, Sectors, Topics | 0 |

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

Linking unlawful strikers: Necessary to obtain interdict

by GilesFiles | Mar 1, 2022 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Cautionary rule, Circumstantial, Clear and convincing, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Delict, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Factual disputes, Granted, Interdicts and rule nisi, Judges, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Picketing, Plascon-Evans rule, Power plays (LRL 6), Private enterprises, Refused, Review tests, Roman Dutch law principles, Sectors, Special pleas, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 0 |

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Unlawful collective agreement: Unenforceable as invalid

by GilesFiles | Feb 28, 2022 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Furnishing transcribed record: Non-compliance with Rule 7A(6)

by GilesFiles | Feb 22, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), erroneously sought, ex parte, Exceptions/special pleas, Interpret and apply, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rules, Legal Practice, Legality principle, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Corporate visa denied: Language training for SA citizens

by GilesFiles | Feb 18, 2022 | 2020 +, Affirmative action, Applications, Awarded, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Free and fair, Government, High Court, High Court judges, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Markets in SA, Orders, Orders re costs, Organs of state, Parties, philosophy / economics, Policies - strategies - tactics, Protectable business interests, Public policy, Regulations, Review tests, Rules, Scarce skills allowances, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Uniform High Court | 0 |

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Public Protector errors: Protected free speech

by GilesFiles | Feb 7, 2022 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Central, Courts, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Government, Interpretation and application, Judges, Legal Practice, Legality principle, Legislation, MB Molemela, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

Premier of the Western Cape Province v Public Protector SCA decided that the Public Protector made various errors and the available evidence plainly did not support the Public Protector’s findings and remedial action and there...

Salary award misconceived: Set aside on appeal

by GilesFiles | Dec 10, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Capacity, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Government, Ill health and illness, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Project bonus accrued: Forfeiture not allowed

by GilesFiles | Dec 10, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Causes of action, Construction industry, Contractual breach, Courts, Disallowed, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Review tests, Sectors, Statement of claim, 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,...

Category: Legality principle