Metro Archives - GilesFiles

Transferring going concern: Legality principle?

by GilesFiles | Mar 10, 2026 | 2020 onwards, Balancing interests, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, LRA 1995, Metro, MZN Lallie, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Paying for overtime work: Pre-trial agreement?

by GilesFiles | Feb 24, 2026 | 2020 onwards, Absolution, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Connie Prinsloo, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Metro, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Insolence and intemperate language: Progressive discipline required

by GilesFiles | Jan 5, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Evidence & onus, Insolence and disrespect, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Metro, Orders, Parties, Progressive, Protect not punish, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Oral evidence necessary: Award reviewable

by GilesFiles | Dec 23, 2025 | 2020 onwards, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, General, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Minute: pre-trial or arb, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Stated case, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics | 0 |

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Fair labour practices: Benefit lawful but unfair?

by GilesFiles | Nov 14, 2025 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 194, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Topics | 0 |

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Compliance with Covid-19 policies: Refusal to perform?

by GilesFiles | Oct 20, 2025 | 2020 onwards, Absenteeism, Applications, Automatic, Causes and defences, CCMA Rules-new, Contractual breach, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Objective - correctness, Operation of law, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Regrading and advancement report: Proper remedy?

by GilesFiles | Oct 13, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Consistency element, Courts, Declaratory, Discrimination (LRL 11), Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Legitimate expectations, LRA 08b: 185-186(2) Practices, LRA 1995, Metro, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Terms & conditions, Topics | 0 |

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Lapsed review application: LRA s 158(1)(c) order?

by GilesFiles | Aug 11, 2025 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Condonation, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, LC-Practice Manual, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Metro, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Interdicting strike action: Non-essential employees?

by GilesFiles | Jul 31, 2025 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 67 protected strike, 68 strike unprotected, Causes and defences, Collective Bargaining (LRL 5), Confirmed, Courts, Declaratory, Disputes: right or interest, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), RN Daniels, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Seeking leave to appeal: Applicable principles?

by GilesFiles | Jul 15, 2025 | 2020 onwards, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, leave to appeal, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Tendering services considered: Failure meant breach

by GilesFiles | Jun 24, 2025 | 2020 onwards, Associations/corporates, Automatic, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Metro, Operation of law, Orders, Parties, Refused, Resolving disputes (LRL 3), RN Daniels, Roman Dutch law, Sectors, Specific performance, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Unlawfully issued penalties: Legality principle breached

by GilesFiles | May 9, 2025 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Government, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Metro, Orders, Parties, Regulations, Review tests, SDJ Wilson, Sectors, Selected judges, self-created urgency, State organs, Statutory, staying proceedings, Topics | 0 |

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Category: Metro