Legality principle Archives

Fair hearing requirements: Consider and engage?

by GilesFiles | Aug 14, 2026 | 2020 onwards, Allowed, Appeals, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Municipal, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

Discrimination on arbitrary ground: Absolution granted

by GilesFiles | Aug 13, 2026 | 2020 onwards, Absolution, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, MR Makhura, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Reasonable and proportionate response: Operational requirements?

by GilesFiles | Aug 12, 2026 | 2020 onwards, Appeals, Appeals - leave, Balancing interests, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Discontinuing overtime payments: Contractual right?

by GilesFiles | Aug 7, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Common law, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Metro, Orders, Parties, Refused, 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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Repay amounts deducted: BCEA s 34 or 73A?

by GilesFiles | Aug 3, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics, Transport & communication | 0 |

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Material statutory irregularity: Raising issue mero motu?

by GilesFiles | Jul 31, 2026 | 2020 onwards, Appeals, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Halting disciplinary enquiry: Occupational detriment?

by GilesFiles | Jul 31, 2026 | 2020 onwards, Causes and defences, Costs, Costs awarded, Costs punitive, Courts, Declaratory, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Enforceability of restraint principles: Reasonableness considered

by GilesFiles | Jul 30, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, LAC judges, Legal Practice, Legality principle, Legislation, Orders, Parties, Private enterprises, Protectable interests, Review tests, Sectors, Topics, Trade, Trade restraints | 0 |

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Public impeachment hearings: Dignity and reputation?

by GilesFiles | Jul 24, 2026 | 2020 onwards, 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Dennis Davis, Dignity equality freedom, Evidence & onus, Government, Granted, Granted, granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Retired judges, Review tests, Roman Dutch law, Rule nisi, Sectors, State organs, Statutory, staying proceedings, Topics | 0 |

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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 |

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Meaningful public participation: Inadequate consultation?

by GilesFiles | Jul 2, 2026 | 2020 onwards, 2020 onwards, Allowed, Appeals - leave, Applications, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs awarded, Courts, Declaratory, Dignity equality freedom, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Metro, Orders, Parties, Review tests, Sectors, State organs, Statutory, Topics | 0 |

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Incomplete disciplinary proceedings: Jurisdiction lacking?

by GilesFiles | Jun 30, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, erroneously sought, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Municipal, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Special pleas, State organs, 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,...

Category: Legality principle