Objective - correctness Archives

Expanded constitutional scope: No actual change (dissent)

by GilesFiles | Sep 23, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Demarcations, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Counterclaiming substantial damages: Lawfulness and fairness

by GilesFiles | Sep 13, 2024 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capability, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Conciliate after facilitation: Because dispute still exists

by GilesFiles | Sep 10, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Objective - correctness, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Restructuring, Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Automatic termination clause: Limited duration contracts

by GilesFiles | Jul 31, 2024 | 2020 onwards, Automatic, Causes and defences, Costs, Courts, Declaratory, Deemed, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, LRA D: 151-166 LC, Mining, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Legality principle applied: Exercise of public power?

by GilesFiles | Jul 10, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules, Legal Practice, Legality principle, Legislation, Local, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Deemed resignation after election: True Jurisdictional issue

by GilesFiles | Jun 20, 2024 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Reynaud Neil Daniels, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Essential mine safety: Unacceptable gross negligence

by GilesFiles | Jun 3, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Mining, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Security for costs discussed: Court may vary amount

by GilesFiles | May 31, 2024 | 2020 onwards, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, LRA D: 151-166 LC, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Disproportionate income differentials: Novel test case

by GilesFiles | May 14, 2024 | 2020 onwards, AB - Law generally, AF - Internal equity external parity, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA4 s27, EEA9 Levels s21, Employ Equity (LRL 12), Evidence & onus, Insights, Interpretation etc, Job evaluation, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Mining, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Pleadings, Private enterprises, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Seven occupational levels, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, Work Science Institute | 0 |

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Dual employment relationship: Termination unfair

by GilesFiles | May 8, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 9: 198-213 General, Objective - correctness, Operation of law, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), TES - LRA 198, Topics | 0 |

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Expanded constitutional scope: No actual change

by GilesFiles | May 2, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Demarcations, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Collective agreement grading: Adopting TASK grading system

by GilesFiles | May 2, 2024 | 2020 onwards, AF - Internal equity external parity, Allowed, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Job evaluation, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Local, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Words & phrases | 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: Objective – correctness