GilesFiles Insights

Conduct related dismissals: Valid and fair reasons

by GilesFiles | Aug 6, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Managerial prerogative, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Rob Stelzner, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance

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, email us and we’ll arrange to give you...

Separating legal issues: When inconvenient?

by GilesFiles | Aug 5, 2025 | 2020 onwards, AB - Law generally, Applications, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, Delict, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Rules Codes & Manual, Sectors, Topics

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, email us and we’ll arrange to give you...

Unlawful employment termination: Disciplinary code disregarded

by GilesFiles | Aug 4, 2025 | 2020 onwards, AB - Law generally, Applications, Banks, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), BM Whitcher, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Finance, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void

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, email us and we’ll arrange to give you...

Termination of employment principles: Statutory compliance

by GilesFiles | Aug 2, 2025 | AB1 - Fairness principle or concept, AU - ChatGPT, ILO Convention 158/1982, Insights, Managerial prerogative

Knowing and applying the LRA, BCEA, and EEA when terminating employment protects employers from legal, financial, and reputational risks while promoting fairness, compliance, and good labour relations. It is crucial for employers in South Africa to understand and...

Total failure of justice: Breached rule of law

by GilesFiles | Jul 31, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Compensation or damages, ConCourt judges, Constitutional Court, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Topics

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, email us and we’ll arrange to give you...

Taking exception to claim: Necessary averments re levies?

by GilesFiles | Jul 23, 2025 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Checklists, Community schemes, Costs, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Special pleas, Topics

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Encroaching boundary wall: Compensation equitable solution

by GilesFiles | Jul 2, 2025 | 2020 onwards, AP - Community schemes, Applications, Causes and defences, Community schemes, Costs, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Sectors, Topics

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, email us and we’ll arrange to give you...

Legal practitioners beware: Dangers of using AI

by GilesFiles | Jun 30, 2025 | 2020 onwards, AG - Legal research, AU - ChatGPT, Causes and defences, Costs, Courts, Fun and Games, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics

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, email us and we’ll arrange to give you...

New Labour Court Rules: After 17 July 2024 [annotated]

by GilesFiles | Jun 30, 2025 | AH - Labour Legislation & Rules, AH02a - LC rules current, Insights

RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE LABOUR COURT The Rules Board has, in terms of section 159(3) of the Labour Relations Act, 1995 (Act 66 of 1995), made the following rules to regulate the conduct of proceedings in the Labour Court. TABLE OF...

Business rescue proceedings: Powers of directors

by GilesFiles | Jun 30, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, business rescue, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Finance, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics

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, email us and we’ll arrange to give you...