Just and equitable relief Archives

Sanction disproportionate to conduct: Fairness and value judgment

by GilesFiles | Mar 23, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Micro enterprises, Orders, Parties, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics, Trade, Trust & confidence | 0 |

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Punitive costs order: Reversed on appeal?

by GilesFiles | Feb 18, 2026 | 2020 onwards, Allowed, Appeals - leave, Applications, Causes and defences, Condonation, Consumer protection, Costs, Costs awarded, Costs punitive, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Zero-tolerance alcohol policy: Reasonable band test

by GilesFiles | Feb 10, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Consistency element, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, MR Makhura, Orders, Parties, Personal services, Policies - all, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void, Warnings | 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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Commercial rationale for outsourcing: Full compensation awarded

by GilesFiles | Dec 29, 2025 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 197 - transfers, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Reduced compensation ordered: Punitive solatium?

by GilesFiles | Dec 19, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Compensation or damages, Costs awarded, Courts, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Orders, Parties, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, TC Gandidze, Topics, Warnings | 0 |

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Substantively unfair dismissal: Reinstatement ordered

by GilesFiles | Dec 2, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Disputes: factual, Evidence & onus, Fair procedure, Granted, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Universities and schools, Unlawful and void | 0 |

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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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Detained and released employee: Compensated not reinstated?

by GilesFiles | Oct 27, 2025 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs not awarded, Courts, Declaratory, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Operation of law, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Regrading and advancement report: Proper remedy?

by GilesFiles | Oct 13, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Consistency element, Courts, Declaratory, Discrimination (LRL 11), Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Legitimate expectations, LRA 08b: 185-186(2) Practices, LRA 1995, Metro, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Terms & conditions, Topics | 0 |

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Security bond exemption: Staying enforcement

by GilesFiles | Sep 12, 2025 | 2020 onwards, Applications, Balancing interests, Causes and defences, Contractual breach, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Security s145, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Termination (LRL 8), Topics | 0 |

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Duty to supervise learners: Breach proved damages awarded

by GilesFiles | Aug 29, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Damages, Declaratory, Evidence & onus, Government, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutory, Topics, Universities and schools, Words & phrases | 0 |

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Category: Just and equitable relief