appointments Archives

Appointment rationality examined: Refusal to confirm

by GilesFiles | Apr 11, 2024 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, District, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, MZN Lallie, Orders, PAJA 2000, Parties, Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Promotion or appointment considered: Jurisdictional issues

by GilesFiles | Aug 16, 2023 | 2020 onwards, André van Niekerk, Costs, Courts, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Metro, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, 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,...

Absolution from instance: Appointment policies

by GilesFiles | Oct 21, 2022 | 2020 onwards, Absolution, Applications, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Exceptions/special pleas, Government, HC Uniform, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Metro, Orders, Parties, Policies - all, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Requiring full explanation: Attorney put on terms

by GilesFiles | Aug 18, 2021 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, General, HC Uniform, Interdicts & rules, Irregular proceeding, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Roman Dutch law, Rule nisi, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, staying proceedings, Topics | 0 |

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Overlooking white male: Appointment discrimination proved

by GilesFiles | Aug 16, 2021 | 2020 onwards, Applications, Bill of Rights, Central, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Evidence & onus, Government, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Sectors, Specific performance, State organs, Topics | 0 |

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Interim reinstatement refused: Temporary employment?

by GilesFiles | Jan 7, 2021 | 2020 onwards, Applications, Costs, Courts, GN Moshoana, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Refused, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Struck off, Topics | 0 |

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Legality review granted: Decision appointing administrator

by GilesFiles | Feb 25, 2020 | 2020 onwards, Applications, Associations/corporates, Central, Conduct & capacity, Construction industry, Costs, Courts, Declaratory, ERelations (LRL 1), GN Moshoana, Hearing procedure, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 6: 95-111 Unions, LRA 7: 112-184 Dispute, Orders, Organisations (LRL 4), Parties, Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Urgency | 0 |

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Security clearance denied: Termination of employment

by GilesFiles | Oct 15, 2019 | 2019, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Courts, Edwin Tlhotlhalemaje, False assumptions, Impossibility or illegality, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operation of law, Parties, Provincial, Roman Dutch law, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Urgency | 0 |

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Land reform considered: Special master appointed

by GilesFiles | Aug 20, 2019 | 2019, 2019, Bill of Rights, Central, ConCourt judges, Constitutional Court, Contempt, Costs, Courts, Dignity equality freedom, Edwin Cameron, Judges, Landmark judgments, Legal Practice, Legislation, Sectors, Statutes (LRL 2)-work, Topics | 0 |

Mwelase v DG: Department of Rural Development and Land Reform Land reform considered and the Land Claims Court directed itself properly and scrupulously to the facts before it which showed failing institutional functionality of...

Probation period extended: Lack of performance

by GilesFiles | Aug 15, 2019 | 2019, Associations/corporates, Conduct & capacity, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Parties, Performance, Practices (LRL 9), Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Jurisdiction not proved: Resigning and seeking appointment

by GilesFiles | Oct 2, 2018 | 2018, Bargaining councils, Courts, Edwin Tlhotlhalemaje, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, LRA 9: 198-213 General, Objective - correctness, Parties, Practices (LRL 9), Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Rational differential treatment: Arbitrary or discriminatory?

by GilesFiles | Jun 29, 2018 | 2018, Anton Steenkamp, Courts, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Sectors, Statutes (LRL 2)-work, Thought Leaders, Topics, Universities and schools | 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,...

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