Legality principle Archives

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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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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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 |

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Transferring going concern: Legality principle?

by GilesFiles | Mar 10, 2026 | 2020 onwards, Balancing interests, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, LRA 1995, Metro, MZN Lallie, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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External legal representation: Exceptional circumstances?

by GilesFiles | Mar 5, 2026 | 2020 onwards, Causes and defences, Central, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Fair procedure, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, 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 |

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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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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 |

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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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Representation by union official: Challenge rejected

by GilesFiles | Feb 9, 2026 | 2020 onwards, Causes and defences, CCMA Rules-new, Costs, Costs not awarded, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, Manufacturing, MR Makhura, Orders, Organisations (LRL 4), Parties, 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: Legality principle