Thresholds Archives - GilesFiles

Punitive costs awarded: True nature of discretion

by GilesFiles | Mar 26, 2024 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Common law, Costs, Courts, Declaratory, Disallowed, Finance, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Non-profit organisations, Orders, Parties, Pension & retirement funds, Personal services, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Thresholds, 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,...

Valid and fair reason: Related to conduct

by GilesFiles | May 23, 2023 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, False assumptions, GN Moshoana, Hospitality, Insights, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Thresholds, Topics, Trade, 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,...

Eviction order refused: Not just and equitable

by GilesFiles | Feb 7, 2023 | Agriculture, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Judges, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutory, Thresholds, 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,...

Extending main agreement: Interim relief refused

by GilesFiles | Aug 3, 2022 | 2020 onwards, Applications, Bargaining councils, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Contempt, Costs, Courts, Declaratory, Evidence & onus, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, MPN Nkutha-Nkontwana, Orders, Organisations (LRL 4), Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Thresholds, 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,...

Achieving legitimate purpose: Employer disputing sanction

by GilesFiles | Mar 15, 2022 | 2020 onwards, Applications, Causes and defences, Central, Conduct & capability, Costs, Courts, Declaratory, Evidence & onus, GN Moshoana, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 0 |

Department of Defence v Thamaga NO Should labour court assist senior management when achieving legitimate purpose of enforcing reasonable standards of conduct and performance? “[18] This present judgment seeks to revisit...

Reinstatement order upheld: Exceptional circumstances?

by GilesFiles | Jul 23, 2021 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Construction industry, Courts, Dennis Davis, Disallowed, Evidence & onus, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Thresholds, 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,...

Deemed appeal withdrawal: Reinstatement refused

by GilesFiles | Mar 2, 2021 | 2020 onwards, Appeals, Appeals - leave, Courts, Disallowed, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, LC Rules, LCP Manual, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Statutes (LRL 2)-work, Thresholds, 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,...

Distrusting polygraph test: No direct evidence

by GilesFiles | Feb 3, 2021 | 2020 onwards, Conduct & capability, Courts, Edwin Tlhotlhalemaje, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Objective - correctness, Parties, Polygraph test, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Thresholds, 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,...

Valuing golf courses: Various methods discussed

by GilesFiles | Sep 25, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, BC and HOAs, Causes and defences, Common law, Community schemes, Courts, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, OL Rogers, Orders, Parties, Regulations, Review tests, Sectors, Statutory, Thresholds, Topics | 0 |

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

Intolerability high threshold: Breaking point reached?

by GilesFiles | Sep 9, 2020 | 2020 onwards, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Thresholds, 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,...

Double-barrelled approach: Appeal and review

by GilesFiles | Sep 4, 2020 | 2020 onwards, A G Binns-Ward, Appeals, BC and HOAs, BC Conduct, Common law, Community schemes, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

Conflating appeal and review: Failure to review?

by GilesFiles | Apr 17, 2020 | 2020 onwards, Appeals, Appeals - leave, Common law, Costs, Courts, Disallowed, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Provincial, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Thresholds, Topics | 0 |

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

Category: Thresholds