Allowed 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 |

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 |

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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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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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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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Alleged contempt of court: Employer appeal allowed

by GilesFiles | Jan 14, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contempt, Costs, Costs not awarded, Courts, Declaratory, Edwin Molahlehi, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade | 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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Entering church premises: Internal religious dispute

by GilesFiles | Dec 22, 2025 | 2020 onwards, Allowed, Appeals - leave, Associations/corporates, Causes and defences, Costs, Costs awarded, Courts, Declaratory, HC Uniform, High Court, High Court judges, Interdicts & rules, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Sectors, Special pleas, Topics | 0 |

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Releasing relevant information: Public-interest override?

by GilesFiles | Dec 5, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Provincial, Sectors, State organs, Statutory, Topics | 0 |

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Valid operational requirements: Substance & procedure?

by GilesFiles | Nov 27, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, B Waglay, Causes and defences, Costs not awarded, Courts, Declaratory, Hospitality, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Retired judges, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Reinstatement practically impossible: Compensation awarded

by GilesFiles | Nov 26, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Balancing interests, Causes and defences, Compensation or damages, Construction industry, Contractual breach, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, Minute: pre-trial or arb, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Refusal to postpone hearing: Judicial discretion?

by GilesFiles | Nov 24, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, CCMA Rules-new, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Category: Allowed