BCEA 77(3) & 77A(e) Archives

Urgent declaratory orders: Ordinary course hearing?

by GilesFiles | Mar 10, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MTM Phehane, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Struck off, Termination (LRL 8), Topics, Unlawful and void | 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,...

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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Adjusting salary scale: Jurisdiction lacking?

by GilesFiles | Mar 2, 2026 | 2020 onwards, 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 Appeal Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Refused, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Topics | 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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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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Appointing external chairperson: Contractual breach?

by GilesFiles | Feb 16, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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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Determining contractual claims: Enforceable obligations

by GilesFiles | Jan 29, 2026 | 2020 onwards, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Compensation or damages, Contractual breach, Costs, Costs awarded, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Setas, Statutes (LRL 2)-work, Statutory, Topics, Training authorities | 0 |

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Hearing rights discussed: Binding contractual provisions?

by GilesFiles | Dec 22, 2025 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Suspending prohibition notices: sec 35(5) of OHSA

by GilesFiles | Dec 11, 2025 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Consumer protection, Costs, Costs not awarded, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Litigation privilege protection: Mine enquiry report?

by GilesFiles | Nov 20, 2025 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, Mining, Orders, Parties, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Covid-19 pandemic consequences: Compensation awarded

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Declaratory, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), 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: BCEA 77(3) & 77A(e)