Latest Judgments in South Africa

Reasonable and proportionate response: Operational requirements?

by GilesFiles | Aug 12, 2026 | 2020 onwards, Appeals, Appeals - leave, Balancing interests, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (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...

Geographical location discrimination: Award wrong in law

by GilesFiles | Aug 11, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Bill of Rights, Cause of action defined, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), erroneously sought, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, 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...

Absence of trust breakdown: Negligence not gross

by GilesFiles | Aug 11, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Orders, Parties, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void, Warnings | 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...

Awarding constitutional damages: Justification not proved

by GilesFiles | Aug 11, 2026 | 2020 onwards, Applications, Bill of Rights, BM Whitcher, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Exceptions/special pleas, Finance, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, 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...

Applicable retirement age: Sec 187(2)(b) of LRA

by GilesFiles | Aug 11, 2026 | Applications, AUD, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Declaratory, Discrimination (LRL 11), Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Unlawful and void | 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...

Suspended custodial sentence: Wilful non-compliance

by GilesFiles | Aug 7, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Contempt, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Suzanna Harvey, 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...

Discontinuing overtime payments: Contractual right?

by GilesFiles | Aug 7, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Common law, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Metro, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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...

Seeking declaratory relief: Application struck out

by GilesFiles | Aug 6, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Edwin Tlhotlhalemaje, Inherent requirements, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Terms & conditions, Topics, Trade, Urgency | 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...

Public office bearers: Entitlement to leave?

by GilesFiles | Aug 5, 2026 | 2020 onwards, BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Resolving disputes (LRL 3), SDJ Wilson, Sectors, State organs, 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...

Repay amounts deducted: BCEA s 34 or 73A?

by GilesFiles | Aug 3, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics, Transport & communication | 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 on specific topics – unreported judgments and reported judgments

Subscribe

Reasonable and proportionate response: Operational requirements?

Geographical location discrimination: Award wrong in law

Absence of trust breakdown: Negligence not gross

Awarding constitutional damages: Justification not proved

Applicable retirement age: Sec 187(2)(b) of LRA

Suspended custodial sentence: Wilful non-compliance

Discontinuing overtime payments: Contractual right?

Seeking declaratory relief: Application struck out

Public office bearers: Entitlement to leave?

Repay amounts deducted: BCEA s 34 or 73A?