LRA 09: 198-213 General Archives

Selection criteria considered: Agreement not required?

by GilesFiles | Jan 28, 2026 | 2020 onwards, Applications, Balancing interests, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 09: 198-213 General, LRA 1995, Minute: pre-trial or arb, MR Makhura, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Promoting collective bargaining: Registering employer organisation

by GilesFiles | Jan 19, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 02: 4-10 FOA, LRA 03: 11-63 Bargain, LRA 09: 198-213 General, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Complying with Employment Law: Interim protective relief

by GilesFiles | Jan 5, 2026 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, EEA Chpt II ss 5-11, Employ Equity (LRL 12), General, granted, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Suzanna Harvey, Topics | 0 |

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Independent contractor or employee: Section 200A of LRA

by GilesFiles | Nov 17, 2025 | 2020 onwards, Causes and defences, Costs not awarded, Courts, Declaratory, Disputes: right or interest, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Condonation principles considered: Dissenting judgment

by GilesFiles | Nov 14, 2025 | 2020 onwards, Allowed, Appeals - leave, Condonation, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Reinstatement pending consultation: Sec 189A(13) of LRA.

by GilesFiles | Nov 7, 2025 | 2020 onwards, Applications, Causes and defences, Costs not awarded, Courts, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 09: 198-213 General, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Unlawful collective agreement: Interference with governance

by GilesFiles | Aug 21, 2025 | 2020 onwards, 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA 09: 198-213 General, LRA 1995, Management, Managerial prerogative, Markets in SA, Orders, Parties, Pension & retirement funds, Personal services, philosophy / economics, Resolving disputes (LRL 3), Review tests, RM Keightley, SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

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Interdicting strike action: Rule confirmed in part

by GilesFiles | Aug 1, 2025 | 2020 onwards, 64-77 Strikes, 67 protected strike, Applications, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Disputes: right or interest, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 09: 198-213 General, LRA 198 Temporary employment services, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Questioning union’s genuineness: Registration approved

by GilesFiles | Nov 29, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Common law, Costs, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 06: 95-111 Unions, LRA 09: 198-213 General, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Trade union status: Constitution precluded membership

by GilesFiles | Jun 21, 2024 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 09: 198-213 General, LRA 1995, Orders, Organisations (LRL 4), Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Dual employment relationship: Termination unfair

by GilesFiles | May 8, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Compensation or damages, Contractual breach, Costs, Courts, Declaratory, Deemed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 09: 198-213 General, LRA 198 Temporary employment services, LRA 1995, Objective - correctness, Operation of law, Operational reasons, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Varying contractual terms: Shifren principle applied

by GilesFiles | Feb 22, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Covid-19 issues, Declaratory, Hearsay, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Transport & communication | 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,...

Category: LRA 09: 198-213 General