Disputes: right or interest Archives

Proving gross negligence: No acceptable evidence

by GilesFiles | Nov 27, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Declaratory, Disputes: right or interest, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade, Unlawful and void | 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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Interlocutory jurisdictional ruling: Section 191(6) LRA

by GilesFiles | Oct 17, 2025 | AH01a - CCMA rules current, AH09 - LRA, Causes and defences, CCMA awards, Costs, Courts, Disputes: right or interest, Interpretation etc, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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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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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Interpreting collective agreement: Leave provision misunderstood

by GilesFiles | Jan 9, 2025 | 2020 onwards, Causes and defences, Central, Contractual breach, Courts, Declaratory, Disputes: right or interest, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Prescribed cause of action: Subpoena duces tecum

by GilesFiles | Dec 30, 2024 | 2020 onwards, Access to information, Appeals, Bill of Rights, Cause of action defined, Causes and defences, Costs, Courts, Declaratory, Disallowed, Disputes: right or interest, Evidence & onus, Government, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legislation, lis alibi pendens, Orders, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, Topics, Universities and schools | 0 |

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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, Disputes: right or interest, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, 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 |

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Interdicting strike action: Protected or unprotected?

by GilesFiles | Nov 15, 2024 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 67 protected strike, Applications, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Disputes: right or interest, erroneously sought, Evidence & onus, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, MR Makhura, Orders, Parties, Private enterprises, Refused, Refused, Res judicata (issue estoppel), Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Disputed settlement agreement: But no dismissal?

by GilesFiles | Aug 2, 2024 | 2020 onwards, Applications, Banks, Causes and defences, Connie Prinsloo, Courts, Declaratory, Deemed, Disputes: right or interest, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Operational reasons, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Truth of defamatory allegations: Published on privileged occasion?

by GilesFiles | Jul 19, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Delict, Disputes: right or interest, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pleadings: amending, SDJ Wilson, Sectors, Selected judges, Special pleas, State Owned Enterprises, Topics, Words & phrases | 0 |

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Reasonable expectation of renewal: Fixed-term contract

by GilesFiles | Mar 27, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Disputes: right or interest, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Legitimate expectations, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Pleadings: amending, Reinstatement, Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

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Category: Disputes: right or interest