Judicial discretion Archives

Failure to give notice: Sec 3(1)(a) of the ILPA

by GilesFiles | May 11, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Damages, Declaratory, Exceptions/special pleas, Government, granted, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Metro, Orders, Parties, RN Daniels, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutory, 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,...

Placed on precautionary suspension: Unlawful & punitive?

by GilesFiles | Apr 15, 2026 | 2020 onwards, Allowed, Appeals, Bill of Rights, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Delict, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 193, LRA 194, LRA 1995, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Breaching employment contract: Employment restored

by GilesFiles | Mar 30, 2026 | BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Community schemes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Notice requirements, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Unlawful and void | 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,...

Conduct worthy of dismissal: Inappropriate language?

by GilesFiles | Mar 24, 2026 | 2020 onwards, Agriculture, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, GN Moshoana, Insolence and disrespect, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, 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,...

Body corporate administrator: When to appoint?

by GilesFiles | Feb 27, 2026 | 2020 onwards, Applications, BC and HOAs, Cause of action defined, Causes and defences, Community schemes, Consumer protection, Costs, Costs awarded, Courts, Declaratory, erroneously sought, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, 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,...

Refusal to postpone hearing: Judicial discretion?

by GilesFiles | Nov 24, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, CCMA Rules-new, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

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 |

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,...

Racial harassment condemned: Employer vicariously liable

by GilesFiles | May 5, 2025 | 2020 onwards, Appeals - leave, Applications, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Compensation or damages, Courts, Declaratory, Delict, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, EEA Chpt VI 53-65, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Mining, Orders, Parties, Polygraph test, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Vicarious liability | 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,...

Just and equitable relief: Important distinction

by GilesFiles | Mar 30, 2025 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights, Just and equitable relief, Orders | 0 |

Understanding the distinction helps litigants and courts determine the most appropriate remedy based on the nature of the claim and the available legal avenues. Distinguishing between just and equitable relief is important...

Questioning union’s genuineness: Registration approved

by GilesFiles | Nov 29, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Common law, Costs, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 06: 95-111 Unions, LRA 09: 198-213 General, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 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,...

Granting condonation examined: Justice and fairness interests

by GilesFiles | Nov 28, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Condonation, Constructive: 186(1)(e), Costs, Courts, Declaratory, Direct and indirect discrimination, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Personal or substituted service: Leave granted

by GilesFiles | Nov 8, 2024 | 2020 onwards, Anton Myburgh, Applications, Causes and defences, Contempt, Courts, Declaratory, Evidence & onus, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, staying proceedings, 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,...

Tag: Judicial discretion