Public Service Act (Proc 103 of 1994) Archives

Disputed collective agreement: Unjustly limits access?

by GilesFiles | Dec 18, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Bill of Rights, Causes and defences, Central, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Objective - correctness, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Review tests, 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,...

Unauthorised absenteeism considered: Deemed dismissal?

by GilesFiles | Sep 13, 2024 | 2020 onwards, Absenteeism, Anton Myburgh, Applications, Automatic, Causes and defences, Central, Contractual breach, Courts, Declaratory, Deemed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Pleadings: amending, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, 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,...

Preferential Procurement Policy: Unlawful appointment of Cubans

by GilesFiles | May 31, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, Government, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Regulations, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

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Unblocking Persal number: Effect of resignation?

by GilesFiles | Apr 12, 2024 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, Edwin Tlhotlhalemaje, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Provincial, Refused, Resignations, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Shortlisting failure unfair: Compensation awarded

by GilesFiles | Mar 15, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Deemed dismissal rejected: Application not considered

by GilesFiles | Jun 8, 2023 | 2020 onwards, André van Niekerk, Causes and defences, Central, Conduct & capacity, Costs, Courts, Declaratory, Deemed, Government, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Unequal pay determined: Arbitrary grounds

by GilesFiles | Apr 18, 2023 | AF - Internal equity external parity, Applications, Bill of Rights, Causes and defences, CCMA awards, CCMA members, Conduct & capacity, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Inherent requirements, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Operational reasons, Orders, Parties, Pay differentials, Pay progression, Performance, Policies - all, Provincial, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

MH v Department of Education – Eastern Cape When will unequal pay be determined as grossly unfair and discriminatory base simply on arbitrary grounds of background and education? “[27] The discriminatory conduct, given the...

Partial interim interdict: Right to strike?

by GilesFiles | Mar 13, 2023 | 2020 onwards, Appeals, Appeals - leave, B Waglay, Bill of Rights, Causes and defences, Central, Collective Bargaining (LRL 5), Costs, Courts, Government, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, 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,...

Legality review explained: PAJA explained

by GilesFiles | Mar 10, 2023 | 2020 onwards, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Disciplinary action, Government, High Court, High Court judges, Judges, Legal Practice, Legality principle, Legislation, Orders, Parties, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, Statutory, Suspensions, Termination (LRL 8), Topics | 0 |

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Retirement age termination: Automatic unfair dismissal?

by GilesFiles | Jan 19, 2023 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), Evidence & onus, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Orders, Parties, Policies - all, Provincial, Retirement, Sectors, 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,...

Purported desertion considered: Deeming provision?

by GilesFiles | Sep 14, 2022 | 2020 onwards, BM Whitcher, Causes and defences, Central, Constructive: 186(1)(e), Costs, Courts, Declaratory, Deemed, Government, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Alternative remedy available: Refused application

by GilesFiles | Aug 30, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Courts, Declaratory, Government, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Rules Codes & Manual, Sean Snyman, Sectors, self-created urgency, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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Tag: Public Service Act (Proc 103 of 1994)