Special pleas Archives

Claiming additional compensation: No independent right?

by GilesFiles | Mar 25, 2026 | 2020 onwards, 65 limitations, 67 protected strike, 68 strike unprotected, Allowed, Appeals, Appeals - leave, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, ConCourt judges, Constitutional Court, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SA Majiedt, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade, Trade unions | 0 |

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Eviction notice disputed: Appeal upheld

by GilesFiles | Mar 17, 2026 | 2020 onwards, Allowed, Appeals, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, SDJ Wilson, Sectors, Special pleas, Statutory, Topics | 0 |

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Interpreting settlement agreement: Special plea upheld

by GilesFiles | Mar 4, 2026 | 2020 onwards, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, Mutual termination, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Sectors, Settlement agreements, Special pleas, Termination (LRL 8), Topics, Transport & communication | 0 |

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Maternity leave allowances: Wages and benefits?

by GilesFiles | Feb 25, 2026 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Mining, MTM Phehane, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Applying for separation: Alleged race discrimination

by GilesFiles | Feb 24, 2026 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Legality review not applicable: Private power exercised?

by GilesFiles | Feb 11, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Constitutional Court, Costs, Courts, Disallowed, erroneously sought, HC Uniform, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Personal services, Private enterprises, Refused, Review tests, Sectors, Special pleas, Statutory, Thresholds, Topics | 0 |

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Discretionary workplace practice: 13th bonus payment?

by GilesFiles | Feb 4, 2026 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Disclaimers excluding liability: Not enforceable?

by GilesFiles | Jan 27, 2026 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Consumer protection, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Delict, Disallowed, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 |

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Trust relationship destroyed: Dismissal not unreasonable

by GilesFiles | Jan 19, 2026 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Disciplinary issues, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, Trust & confidence, Zero tolerance | 0 |

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Flawed labour claim: Punitive costs awarded

by GilesFiles | Jan 13, 2026 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, self-created urgency, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Rejecting plea bargain: Fair procedure required

by GilesFiles | Jan 8, 2026 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct - gross, Costs, Costs not awarded, Courts, Fair procedure, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Entering church premises: Internal religious dispute

by GilesFiles | Dec 22, 2025 | 2020 onwards, Allowed, Appeals - leave, Associations/corporates, Causes and defences, Costs, Costs awarded, Courts, Declaratory, HC Uniform, High Court, High Court judges, Interdicts & rules, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Sectors, Special pleas, Topics | 0 |

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Category: Special pleas