State Archives - GilesFiles

Downgrading posts considered: Insufficient evidence

by GilesFiles | Dec 18, 2024 | 2020 onwards, ABB - Fairness principle or concept, AF - Internal equity external parity, Causes and defences, Central, Connie Prinsloo, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Performance, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State, State organs, Statutes (LRL 2)-work, Statutory, Topics, Work Science Institute | 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,...

Delaying disciplinary measures: Compensation for unfair procedure

by GilesFiles | Nov 24, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Compensation, Conduct & capability, Contractual breach, Courts, Declaratory, Disciplinary action, Government, Gross misconduct, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Selected judges, State, State organs, 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,...

Policy compliance examined: Recruit and appoint

by GilesFiles | Oct 25, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Government, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Metro, Objective - correctness, Orders, P Coppin, Parties, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State, 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,...

Policy compliance examined: Recruit and appoint

by GilesFiles | Oct 13, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Government, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Metro, Objective - correctness, Orders, P Coppin, Parties, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State, 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,...

Reviewing own decisions: Internal policies subverted

by GilesFiles | Feb 7, 2020 | 2020 onwards, Applications, Courts, Declaratory, GN Moshoana, Insights, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, State, State organs, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Municipal manager appointments: Mootness

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Appeals - leave, Bill of Rights, Common law, ConCourt judges, Constitutional Court, Courts, Disallowed, HC Uniform, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, State, Topics | 0 |

Notyawa v Makana Municipality Municipal manager appointments examined and found that leave to appeal had to be refused because in the concurring judgment of Froneman J the issues were already moot and no purpose would be...

Setting aside settlement: Dismissal of municipal manager

by GilesFiles | Aug 13, 2019 | 2019, Causes and defences, Common law, Conduct & capability, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Municipal, Municipal managers, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, Settlement agreements, State, Statutes (LRL 2)-work, Suspensions, 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 examined: Comparing PAJA reviews

by GilesFiles | Apr 16, 2019 | 2019, ABB - Fairness principle or concept, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Judges, Just and equitable, Legal Practice, Legality principle, Municipal, Orders, PAJA 2000, Review tests, Sectors, State, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and dissenting judgment deals in some detail why it cannot agree with everything stated in the majority judgment. “In...

Legality principle examined: Self-help and self-review

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Judges, Just and equitable, L Theron, Legal Practice, Legality principle, Municipal, Orders, PAJA 2000, Review tests, Sectors, State, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and majority overlooked unreasonable delay and declared contract as contrary to public policy. “The fourth principle stems...

CEO lawfully transferred: Unrelated to union demands

by GilesFiles | Feb 19, 2019 | 2019, ABB - Fairness principle or concept, André van Niekerk, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State, Statutes (LRL 2)-work, 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,...

Implementing restitutionary measures: Justification and service delivery

by GilesFiles | Sep 2, 2014 | 2014 and earlier, 2015 and earlier, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Edwin Cameron, EEA 1998, EEA 7 Factors, EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Pleadings, Resolving disputes (LRL 3), Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, State, 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: State