Municipal Structures Act 1998 Archives

Forfeiting organisational rights: Legal principles applied

by GilesFiles | Oct 23, 2024 | 2020 onwards, Applications, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 03: 11-63 Bargain, LRA 1995, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, State organs, 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,...

Deemed resignation after election: True jurisdictional issue

by GilesFiles | Jun 20, 2024 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, State organs, 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,...

Collective agreement grading: Adopting TASK grading system

by GilesFiles | May 2, 2024 | 2020 onwards, AF - Internal equity external parity, Allowed, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Local, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Words & phrases | 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,...

Converting employment contracts: Unlawful rescission

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Government, Hearsay, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 144 and 165 rescissions, LRA 1995, Metro, Municipal managers, Orders, Parties, Res judicata (issue estoppel), Restructuring, Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, 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,...

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 |

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,...

Subsidising medical contributions: After retirement?

by GilesFiles | Jan 10, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 197 - transfers, Minute: pre-trial or arb, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, 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,...

Resignation unilateral act: Consensual withdrawal required

by GilesFiles | Mar 18, 2022 | 2020 onwards, Applications, Causes and defences, Competition Tribunal, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, GN Moshoana, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Orders, Parties, Refused, Refused, Resignations, Rule nisi, Rules Codes & Manual, Sectors, Special pleas, 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,...

Unenforceable rights considered: Appointments expired

by GilesFiles | Sep 21, 2021 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, General, Government, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, MPN Nkutha-Nkontwana, Municipal, Municipal managers, Operation of law, Orders, Parties, Review tests, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Urgency | 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,...

Reviewing private award: Wrong conclusions?

by GilesFiles | Jul 26, 2021 | 2020 onwards, Conduct - gross, Conduct & capacity, Courts, Evidence & onus, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Municipal, Orders, Parties, Private arbitration, Review tests, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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,...

Public service discipline: Senior managers legally

by GilesFiles | Feb 16, 2016 | 2016, Conduct & capacity, Courts, Fair procedure, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Municipal managers, Parties, Public policy, Review tests, RGO Lagrange, Risks, Sectors, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence | 0 |

Jako-Wutu v Ntabankulu Local Municipality (P332/14) [2016] ZALCPE 1 (16 February 2016) per Lagrange J. This is an important judgment because it confirms that procedures for disciplining employees should depend on their...

Statutory interpretation: Constitutionality and ‘reading-in’

by GilesFiles | Aug 18, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dennis Davis, Interpretation etc, Judges, Landmark judgments, Legal Practice, Legislation, MB Molemela, philosophy / economics, Topics | 0 |

Provincial Minister for Local Government, Environmental Affairs and Development Planning, Western Cape v Municipal Council of the Oudtshoorn Municipality (CCT05/15) [2015] ZACC 24 (18 August 2015) per Molemela AJ: (Mogoeng CJ,...

Confirmed lawful suspension: Municipal regulations

by GilesFiles | Jul 7, 2015 | 2015, Causes and defences, Courts, Fair procedure, Municipal managers, Sean Snyman, Suspensions | 1 |

Mere v Tswaing Local Municipality (J1236/15) [2015] ZALCJHB 193 ; [2015] 10 BLLR 1035 ; (2015) ILJ 3094 (7 July 2015) per Snyman AJ. The Labour Court refused to interdict the municipality and confirmed a suspension imposed on a...

Tag: Municipal Structures Act 1998