Appeals Archives - GilesFiles

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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Genuine mediation offers: Eviction order granted

by GilesFiles | Mar 24, 2026 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, 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,...

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 |

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,...

Essential services concept: Hazards affecting employees?

by GilesFiles | Mar 16, 2026 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Dennis Davis, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retired judges, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Gross insubordination described: Challenging authority?

by GilesFiles | Mar 13, 2026 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics | 0 |

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Mutual separation agreement: Validity disputed?

by GilesFiles | Feb 26, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Cause of action defined, Causes and defences, Construction industry, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Mutual termination, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Settlement agreements, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Anticipated or future intolerability: Constructive dismissal?

by GilesFiles | Feb 24, 2026 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Anticipated or future intolerability: Dissenting judgment

by GilesFiles | Feb 24, 2026 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, Sectors, 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,...

Surface-processing operations: Occupational health & safety?

by GilesFiles | Feb 17, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Mining, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Breaching fiduciary duty: Trustee misconduct?

by GilesFiles | Feb 13, 2026 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Cause of action defined, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics, Trustees | 0 |

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Reasonably accommodate disability: Equality and dignity?

by GilesFiles | Feb 12, 2026 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, 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 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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Category: Appeals