prejudice Archives - GilesFiles

Reinstating lapsed review: Condoning late application?

by GilesFiles | Jun 12, 2026 | 2020 onwards, Applications, Causes and defences, Common law, Condonation, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, self-created urgency, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Unlawful salary deductions: Sec 34 of BCEA

by GilesFiles | Jun 11, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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LRA s 188A(11) referral: Interdicting hearing?

by GilesFiles | Nov 13, 2025 | 2020 onwards, Applications, Balancing interests, Causes and defences, Costs not awarded, Courts, Declaratory, Finance, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Non-profit organisations, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Breaching restraint agreement: Requirements established

by GilesFiles | Nov 3, 2025 | 2020 onwards, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, granted, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, Orders, Parties, Private enterprises, Protectable interests, RN Daniels, Rules Codes & Manual, Sectors, Topics, Trade restraints, Transport & communication | 0 |

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Legal advice privilege: Application to strike out

by GilesFiles | Aug 29, 2025 | 2020 onwards, Access to information, Applications, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Local, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Suzanna Harvey, Topics, Words & phrases | 0 |

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LRA s 188A inquiry: Remitted to Tokiso

by GilesFiles | Jun 4, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 193, LRA 1995, LRA D: 151-166 LC, MR Makhura, Orders, Parties, Private arbitration, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Penalty stipulation enforced: Onus not discharged

by GilesFiles | May 7, 2024 | 2020 onwards, AB - Law generally, Allowed, Appeals - leave, Applications, Causes and defences, Contractual breach, Costs, Courts, Damages, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Risks, Sectors, Statutory, Topics, Trade restraints | 0 |

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Conduct related dismissals: Opportunity to be heard

by GilesFiles | Nov 15, 2023 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Applications, Causes and defences, Collective action, Conduct - gross, Conduct & capacity, Costs, Courts, Declaratory, Disputes: right or interest, Fair procedure, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Condonation application and prejudice: Unacceptable explanation

by GilesFiles | Jul 7, 2023 | 2020 onwards, Applications, Causes and defences, Central, Conduct & capacity, Costs, Courts, Declaratory, Government, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Rule 11 application: Mootness and ripeness

by GilesFiles | Jun 17, 2021 | 2020 onwards, Applications, Costs, Courts, Declaratory, Edwin Tlhotlhalemaje, Exceptions/special pleas, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Orders, Parties, Personal services, 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,...

Reinstating review applications: Requirements met

by GilesFiles | Jun 10, 2020 | 2020 onwards, Applications, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Government, Insights, Job evaluation and grading, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Municipal, Orders, Parties, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Bias and prejudice: Administrative fine set aside

by GilesFiles | Feb 8, 2016 | 2016, Courts, Labour Court, Labour Relations, Legislation, LRA 1995, Objective - correctness, PAJA 2000, Sectors, Statutes (LRL 2)-work, Topics | 1 |

To restore the employer’s right to be heard in a fair manner Venter AJ reviewed and set aside both the recommendation and decision to impose a fine. They were regarded as one continuous decision-making process that could...

Tag: prejudice