Refused Archives - GilesFiles

Profit-sharing agreement: Contractual binding force?

by GilesFiles | Mar 18, 2026 | 2020 onwards, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, General, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Sectors, Topics | 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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Applying for separation: Alleged race discrimination

by GilesFiles | Feb 24, 2026 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Discrimination (LRL 11), EEA Chpt II ss 5-11, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Executing reinstatement judgment: Requirements of s 18 of SC Act?

by GilesFiles | Feb 20, 2026 | 2020 onwards, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, MR Makhura, Orders, Parties, Personal services, Provincial, Refused, Reinstatement, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 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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Cost-of-living adjustments: Section 18 of NPAA

by GilesFiles | Nov 20, 2025 | 2020 onwards, Applications, Causes and defences, Central, Costs not awarded, Courts, Declaratory, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Transferring business considered: Cause of action lacking

by GilesFiles | Oct 8, 2025 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Topics | 0 |

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Constructive dismissal alleged: Intolerability test?

by GilesFiles | Sep 11, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Commissioner’s arbitration conduct: Specific unfairness caused?

by GilesFiles | Sep 4, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Courts, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Reviewing arbitration awards: Risk management response

by GilesFiles | Sep 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Management, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Suspension of statutory powers: Interdictory relief inappropriate

by GilesFiles | Aug 28, 2025 | 2020 onwards, AH05 - EEA, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Regulations, Employ Equity (LRL 12), Free and fair, GN Moshoana, Government, High Court, High Court judges, ILO Convention 111/1958, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Manufacturing, Markets in SA, Orders, Parties, Refused, Refused, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, 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,...

Category: Refused