Constitution 33 Archives

Legality review not applicable: Private power exercised?

by GilesFiles | Feb 11, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Constitutional Court, Costs, Courts, Disallowed, erroneously sought, HC Uniform, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Personal services, Private enterprises, Refused, Review tests, Sectors, Special pleas, Statutory, Thresholds, Topics | 0 |

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Extending main agreement: Majoritarianism & collective bargaining

by GilesFiles | Nov 13, 2025 | 2020 onwards, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs not awarded, Courts, Declaratory, Disallowed, Free and fair, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 1995, Markets in SA, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, Transport & communication | 0 |

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Gross misconduct confirmed: Falsely upgrading employees

by GilesFiles | Nov 13, 2025 | Bill of Rights, Causes and defences, Central, Conduct - gross, Contractual breach, Costs not awarded, Courts, Evidence & onus, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Increasing dual citizenship: Rights not forfeited

by GilesFiles | May 6, 2025 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, SA Majiedt, Sectors, Selected judges, State organs, Statutory, Topics | 0 |

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Minimum services agreement: Essential service considered

by GilesFiles | Mar 5, 2025 | 2020 onwards, 65 limitations, AB - Law generally, AL - ILO, Applications, Causes and defences, Central, Collective Bargaining (LRL 5), Courts, Declaratory, Government, ILO Convention 087, ILO Convention 098, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Orders, Parties, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Rehearing de novo ordered: Absence of complete record

by GilesFiles | Feb 25, 2025 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capacity, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA C: 133-150 CCMA, Orders, Parties, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Demotion and transfer considered: Reasonable reinstatement award

by GilesFiles | Jan 15, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 193, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Material non-disclosure: Medical condition not proved

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, SA Majiedt, Sectors, Topics, Words & phrases | 0 |

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Unlawful administrative act: Debt falling due?

by GilesFiles | Jul 30, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Delict, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Review tests, SDJ Wilson, Sectors, Selected judges, State Owned Enterprises, Statutory, Topics | 0 |

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Unilaterally rescinding contracts: Legality review applied

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Authority: Sapiential or delegated, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 144 and 165 rescissions, Metro, Municipal managers, Orders, PAJA 2000, Parties, Reinstatement, Res judicata (issue estoppel), Resolving disputes (LRL 3), Sectors, State organs, Statutory, Topics | 0 |

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Unlawful unreasonable appointment: Disregarding panel recommendation?

by GilesFiles | Feb 6, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Local, Orders, Parties, Rule nisi, Rules Codes & Manual, Sectors, State organs, Statutory, Topics, Words & phrases | 0 |

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Prior conciliation required: LC jurisdiction lacking

by GilesFiles | Oct 20, 2023 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Provincial, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Tag: Constitution 33