common purpose Archives

Retrospective reinstatement limited: Common purpose discussed

by GilesFiles | Nov 12, 2025 | 2020 onwards, 67 protected strike, Agriculture, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct unbecoming, Consistency element, Contractual breach, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, Zero tolerance | 0 |

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Refusing appeal leave: Collective misconduct and reinstatement

by GilesFiles | Feb 27, 2025 | 2020 onwards, 67 protected strike, 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 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Protected strikers reinstated: Backpay limited to 12 months

by GilesFiles | Aug 5, 2024 | 2020 onwards, 64-77 Strikes, 65 limitations, Causes and defences, Compensation or damages, Costs, Courts, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 193, LRA 1995, LRA D: 151-166 LC, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Participating in gross misconduct: Violent protest and hostages

by GilesFiles | Jul 17, 2024 | 2020 onwards, 64 Strikes/lockouts, 68 strike unprotected, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct - gross, Conduct & capacity, Contractual breach, Courts, Delict, Derivative action, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Common purpose and inconsistency: Mass dismissals fair

by GilesFiles | Jan 5, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct - gross, Consistency element, Contractual breach, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Protect not punish, Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, Trust & confidence, Warnings | 0 |

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Derivative misconduct examined: Flawed identification

by GilesFiles | Sep 15, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Delict, Derivative action, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Gross misconduct alleged: Necessary proof?

by GilesFiles | Mar 15, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Connie Prinsloo, Contractual breach, Costs, Courts, Evidence & onus, Fair procedure, Government, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Municipal, Orders, Parties, Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Admitting hearsay evidence: Interests of justice

by GilesFiles | Jan 24, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Declaratory, Disallowed, Evidence & onus, General, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Legislation, Orders, Parties, Roman Dutch law, SA Majiedt, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

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Common purpose explained: LC to reconsider outcome

by GilesFiles | Aug 22, 2022 | 2020 onwards, 64-77 Strikes, Allowed, Appeals, Appeals - leave, Causes and defences, Common law, Compensation or damages, ConCourt judges, Conduct & capacity, Constitutional Court, Contractual breach, Costs, Costs not awarded, Courts, Damages, Declaratory, Disputes: factual, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, M Madlanga, Manufacturing, Operational reasons, Orders, Parties, Performance, Private enterprises, Review tests, Risks, Roman Dutch law, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Collective misconduct reconsidered: Intended harm

by GilesFiles | Jun 23, 2021 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Appeals, Appeals - leave, Causes and defences, Collective action, Compensation or damages, Conduct - gross, Conduct & capacity, Construction industry, Courts, Damages, Declaratory, Delict, Disallowed, Evidence & onus, Interpretation etc, Judges, Just and equitable relief, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Trust & confidence | 0 |

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Common purpose convictions: Cross-examination discussed

by GilesFiles | Apr 1, 2019 | 2019, Causes and defences, Courts, Judges, Legal Practice, SCA judges, Supreme Court of Appeal, Topics, Trust & confidence | 0 |

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Common purpose doctrine: Requirements for contempt

by GilesFiles | Oct 31, 2018 | 2018, Causes and defences, Construction industry, Contempt, Courts, Dennis Davis, Interpretation etc, Judges, Labour Appeal Court, LAC judges, Legal Practice, Parties, Sectors, Topics, Trade unions | 0 |

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Tag: common purpose