Latest Judgments in South Africa

Travel allowance policy: Reimbursement but not benefit

by GilesFiles | Jul 29, 2022 | 2020 +, André van Niekerk, Appointed LC judges, Benefits - 186(2)(a), Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Government, Insights, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA 186(2)(a), LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Management, Municipal, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Practices see Policies, Review tests, Sectors, Statutes (LRL 2) - work law, Statutory, Topics | 0 Comments

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, email us and we’ll arrange to give you...

Reasonable instruction disobeyed: Dismissal valid and fair

by GilesFiles | Jul 26, 2022 | 2020 +, Applications, Appointed LC judges, Awards -s145, Causes of action, Clear and convincing, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Gross misconduct, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Manufacturing, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Risks, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason, Without forfeiting rights | 0 Comments

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, email us and we’ll arrange to give you...

Dishonest or improper purpose: Not deregistering business

by GilesFiles | Jul 26, 2022 | 2020 +, Adverse inferences, Applications, Appointed LC judges, Awarded, Causes of action, Compensation, Construction industry, Contractual breach, Courts, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, H Rabkin-Naicker, Interpretation and application, Invalid or unfair reason, Joinder of parties, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Operational requirements-s189, Orders, Orders re costs, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 Comments

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, email us and we’ll arrange to give you...

Promoting worker interests: Compliance with own constitution

by GilesFiles | Jul 23, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), expedited hearing, GN Moshoana, Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 Comments

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, email us and we’ll arrange to give you...

Inherent job requirements: Pay differential rational and fair

by GilesFiles | Jul 6, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Clear and convincing, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA4 differentials s27, EEA9 Levels s21, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Equal pay & value, Evidence and onus, Inherent requirements, Insights, Interpretation and application, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Management, Mining, MPN Nkutha-Nkontwana, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Proportional pay differentials, re-grading, Remuneration, Sectors, Statement of claim, Statutes (LRL 2) - work law, Statutory, Topics, Value exchange | 0 Comments

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, email us and we’ll arrange to give you...

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 Comments

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, email us and we’ll arrange to give you...

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 Comments

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, email us and we’ll arrange to give you...

Promotion after reinstatement: Issue estoppel and fairness

by GilesFiles | Jun 30, 2022 | 2020 +, Adverse inferences, Allowed, appeal, Appeals, Appointed LAC judges, Awarded, Bill of Rights, Causes of action, Central, Contractual breach, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, Legislation, LRA 186(2)(c), LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Objective or correct, Orders, Orders re costs, Organs of state, P Coppin, Parties, Plascon-Evans rule, Promotion / demotion - 186(2)(a), Reinstate - 186(2)(c), Res judicata (issue estoppel), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2) - work law, Statutory, Topics | 0 Comments

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, email us and we’ll arrange to give you...

Determining jurisdictional issue: LRA s 157(2) examined

by GilesFiles | Jun 24, 2022 | 2020 +, Applications, Appointed LC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, MZN Lallie, Not awarded, Orders, Orders re costs, Organs of state, Parties, Power plays (LRL 6), Provincial, Refused, Rule nisi, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Strike - unprotected, Topics | 0 Comments

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, email us and we’ll arrange to give you...

Status demotion examined: Only compensation awarded

by GilesFiles | Jun 22, 2022 | 2020 +, 7 levels, Acting LC judges, Awards -s145, Banks, Causes of action, Compensation, Courts, Demotion - 186(2)(a), Dispute Resolution (LRL 3), EEA4 differentials s27, EEA9 Levels s21, Employment equity, Evidence and onus, Exceptions/special pleas, Finance, Insights, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Management, Not awarded, Orders, Orders re costs, Parties, performance based, Promotion / demotion - 186(2)(a), re-grading, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, supervening impossibility, Topics, Value exchange | 0 Comments

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, email us and we’ll arrange to give you...

Latest Judgments in South Africa

Latest judgments on specific topics – unreported judgments and reported judgments

Subscribe

Travel allowance policy: Reimbursement but not benefit

Reasonable instruction disobeyed: Dismissal valid and fair

Dishonest or improper purpose: Not deregistering business

Promoting worker interests: Compliance with own constitution

Inherent job requirements: Pay differential rational and fair

Unlawful dismissal challenge: LC jurisdiction lacking

Appropriate risk management: Gross misconduct proved

Promotion after reinstatement: Issue estoppel and fairness

Determining jurisdictional issue: LRA s 157(2) examined

Status demotion examined: Only compensation awarded