audi alteram partem Archives

Responsibilities of judicial officers: Valid and enforceable order

by GilesFiles | Mar 19, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contempt, Costs, Courts, Declaratory, General, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, LP Tlaletsi, Orders, Parties, Personal services, Private enterprises, Rescission LRA 144 and 165, Rules Codes & Manual, Sectors, Selected judges, Topics | 0 |

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Refusing appeal leave: Collective misconduct and reinstatement

by GilesFiles | Feb 27, 2025 | 2020 onwards, Balancing interests, Causes and defences, Collective action, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike - protected, Termination (LRL 8), Topics | 0 |

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Legality review explained: PAJA explained

by GilesFiles | Mar 10, 2023 | 2020 onwards, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Disciplinary action, Government, High Court, High Court judges, Judges, Legal Practice, Legality principle, Legislation, Orders, Parties, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, Statutory, Suspensions, Termination (LRL 8), Topics | 0 |

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Enforcing compliance orders: Absence of hearing

by GilesFiles | Oct 14, 2022 | 2020 onwards, BCEA 1997 (LRL 10), Causes and defences, CCMA Rules-old, Central, Costs, Courts, Declaratory, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Contractual right to hearing: Cause of action?

by GilesFiles | Sep 27, 2022 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Hearing procedure, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Municipal, Municipal managers, Objective - correctness, Operation of law, Orders, Parties, Policies - all, Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Unlawful pay deductions: Coupled with invalid dismissal

by GilesFiles | Apr 29, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Costs, Courts, Declaratory, Government, Granted, H Rabkin-Naicker, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-old, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Urgency | 0 |

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Hearing procedurally unfair: Absence of employee

by GilesFiles | Nov 11, 2021 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Orders, Parties, Review tests, Sectors, Special pleas, State organs, Termination (LRL 8), Topics | 0 |

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Punitive costs considered: Right to be heard

by GilesFiles | May 28, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Costs, Courts, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Practice Manual examined: Contempt of court

by GilesFiles | Mar 13, 2020 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Contempt, Courts, Declaratory, Delict, Interdicts & rules, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Power plays (LRL 6), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Strike - protected, Topics, Trade unions | 0 |

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Newly adopted organogram: Restructuring not interdicted

by GilesFiles | Jul 17, 2018 | 2018, Conduct & capacity, Courts, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Municipal, Operational reasons, Parties, Restructuring, RGO Lagrange, Sectors, Termination (LRL 8), Topics, Trade unions | 0 |

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Audi alteram partem rule: As applied to dismissals

by GilesFiles | Nov 2, 2017 | 2017, 2017, AB1 - Fairness principle or concept, Anton Steenkamp, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Courts, Deceased judges, Declaratory, Evidence & onus, Hearing procedure, Hearsay, Hospitality, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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No difference approach: Flawed analysis

by GilesFiles | Dec 14, 2016 | 2016, 2016, Landmark judgments, Words & phrases | 0 |

Psychological Society of South Africa v Qwelane (CCT226/16) [2016] ZACC 48 (14 December 2016) The constitutional court held that at common law and in terms of natural justice, ‘hearing the other party – audi alteram partem – is...

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