Thresholds Archives - Page 4 of 6

Legality review not applicable: Private power exercised?

by GilesFiles | Feb 11, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Constitutional Court, Costs, Courts, Disallowed, erroneously sought, HC Uniform, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Personal services, Private enterprises, Refused, Review tests, Sectors, Special pleas, Statutory, Thresholds, Topics | 0 |

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Trusting municipal managers: Confidence destroyed

by GilesFiles | Apr 7, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Consumer protection, Contractual breach, Courts, Declaratory, Evidence & onus, Fair procedure, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Legitimate expectations, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Municipal, Municipal managers, Orders, Parties, Performance, Protectable interests, Public policy, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 0 |

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Jurisdiction & exercise thereof: Distinguish between them?

by GilesFiles | Mar 31, 2025 | 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, General, HC Uniform, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, State, State organs, Statutory, Thresholds, Topics, Transport & communication | 0 |

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Maintaining necessary threshold: Tacit and implied terms

by GilesFiles | Sep 6, 2024 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, Associations/corporates, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Demarcations, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, 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,...

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, Costs punitive, 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 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Non-profit organisations, Orders, Parties, Pension & retirement funds, Personal services, Refused, Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Thresholds, Topics, Words & phrases | 0 |

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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 & capacity, Consistency element, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, False assumptions, GN Moshoana, Hospitality, Insights, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Management, Orders, Parties, Private enterprises, 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 |

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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 |

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Extending main agreement: Interim relief refused

by GilesFiles | Aug 3, 2022 | 2020 onwards, Applications, Bargaining councils, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Contempt, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, MPN Nkutha-Nkontwana, Orders, Organisations (LRL 4), Parties, Personal services, Private enterprises, Refused, 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 & capacity, Costs, Costs not awarded, 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 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, 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 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Private enterprises, Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 0 |

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Deemed appeal withdrawal: Reinstatement refused

by GilesFiles | Mar 2, 2021 | 2020 onwards, Appeals, Appeals - leave, Condonation, Courts, Disallowed, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Refused, Review tests, Rules Codes & Manual, Statutes (LRL 2)-work, Thresholds, Topics | 0 |

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Distrusting polygraph test: No direct evidence

by GilesFiles | Feb 3, 2021 | 2020 onwards, Compensation or damages, Conduct & capacity, Courts, Disputes: factual, Edwin Tlhotlhalemaje, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Objective - correctness, Parties, Polygraph test, Private enterprises, 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,...

Category: Thresholds