LC Rules Archives

Unlawful dismissal challenge: LC jurisdiction lacking

by GilesFiles | Jul 5, 2022 | 2020 +, Acting LC judges, Applications, Awarded, Awards -s145, BCEA 77(3) and 77A(e), Causes of action, Central, Contractual breach, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Res judicata (issue estoppel), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Special pleas, State action - s158(1)(h), Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Uniform High Court | 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,...

Appropriate risk management: Gross misconduct proved

by GilesFiles | Jul 5, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Causes of action, Courts, Disallowed, Dismissal generally, Dispute Resolution (LRL 3), Government, Gross misconduct, Insights, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Locus standi considered: Individual or collective rights?

by GilesFiles | Jun 17, 2022 | 2020 +, Acting LAC judges, Agriculture, Allowed, appeal, Appeals, Causes of action, Collective agreements, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rules, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Objective or correct, Orders, Orders re costs, Organisations (LRL 4), Parties, Private enterprises, Review tests, Rules Codes & Manual, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Trade unions, Uniform High Court | 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,...

Rescission application granted: Failed misleading stratagem

by GilesFiles | May 26, 2022 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Causes of action, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Practice Manual, LC Rules, Legal Practice, Legality principle, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Objective or correct, Orders, Orders re costs, P Coppin, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2) - work law, Statutory, Topics | 0 |

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Staying award enforcement: Requirements considered

by GilesFiles | May 25, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, GN Moshoana, Interdicts and rule nisi, interpleader proceedings, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2) - work law, Statutory, staying proceedings and execution, Suspensions - 186(2)(b), Topics, Uniform High Court, Urgency | 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,...

Compensation for losses suffered: During protected strike?

by GilesFiles | May 23, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Delict, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Power plays (LRL 6), Private enterprises, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Strike - protected, Topics, Trade, Trade unions | 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,...

Unlawful pay deductions: Coupled with invalid dismissal

by GilesFiles | Apr 29, 2022 | 2020 +, Applications, Appointed LC judges, Awarded, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Central, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, H Rabkin-Naicker, Interdicts and rule nisi, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Urgency | 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,...

Assessing inordinate delay: Stringent test applied

by GilesFiles | Mar 22, 2022 | 2020 +, Amending pleadings, Applications, Appointed LC judges, Causes of action, Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt I ss 1-4, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, GN Moshoana, Government, Granted, Interpret and apply, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rule 11, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Rules Codes & Manual, Sectors, Statutes (LRL 2) - work law, 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,...

Irregular review process: Trial by ambush

by GilesFiles | Mar 17, 2022 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Finance, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rules, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, P Coppin, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Furnishing transcribed record: Non-compliance with Rule 7A(6)

by GilesFiles | Feb 22, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), erroneously sought, ex parte, Exceptions/special pleas, Interpret and apply, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rules, Legal Practice, Legality principle, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Unilateral employment change: Lack of jurisdiction

by GilesFiles | Feb 21, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, Causes of action, Courts, Dismissal generally, Dispute Resolution (LRL 3), erroneously sought, Exceptions/special pleas, General, H Rabkin-Naicker, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Procedural issues, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Vaccination passport policy: No grounds for urgency

by GilesFiles | Feb 2, 2022 | 2020 +, Acting LC judges, Applications, Awarded, Causes of action, Courts, Covid-19 issues, Dispute Resolution (LRL 3), Insights, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Management, Orders, Orders re costs, Parties, Personal services, Policies - strategies - tactics, Private enterprises, Refused, Regulations, Rules Codes & Manual, Sectors, Statutes (LRL 2) - work law, Statutory, Struck off, Topics, Urgency | 0 |

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Category: LC Rules