BCEA 77 Archives - GilesFiles

Unilateral salary reduction: Employment contract breached

by GilesFiles | Jun 26, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Uplifting moratorium considered: Jurisdiction lacking

by GilesFiles | Mar 4, 2024 | 2020 onwards, Causes and defences, Connie Prinsloo, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 189 and 189A see Termination, LRA 1995, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Back-pay after reinstatement: Jurisdiction lacking

by GilesFiles | Nov 28, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Causes and defences, Contractual breach, Courts, Declaratory, Edwin Tlhotlhalemaje, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Unilateral employment changes: Preliminary ruling

by GilesFiles | Apr 21, 2023 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, Applications, Causes and defences, Conduct & capacity, Constructive: 186(1)(e), Contractual breach, Costs, Courts, Declaratory, Hospitality, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, MR Makhura, Operational reasons, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Urgency | 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,...

Alternative remedy available: Refused application

by GilesFiles | Aug 30, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Government, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Rules Codes & Manual, Sean Snyman, Sectors, self-created urgency, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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Earnings include commission: BCEA s6(3) rw s73A

by GilesFiles | Jul 26, 2022 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Costs, Costs awarded, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Contractual claim prescribed: Long history considered

by GilesFiles | Jun 13, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Connie Prinsloo, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Parties, Private enterprises, Sectors, Stated case, Statutes (LRL 2)-work, Statutory, Suspensions, Topics | 0 |

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Contractual claim denied: CCMA has jurisdiction

by GilesFiles | Feb 1, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Customary Law, Evidence & onus, Fixed-term, GN Moshoana, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Metro, Orders, Parties, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

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Salary award misconceived: Set aside on appeal

by GilesFiles | Dec 10, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Dennis Davis, Government, Illness & injury, Irregular proceeding, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Operational reasons, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Alleged unlawful payments: Application refused

by GilesFiles | Feb 8, 2021 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication, Urgency | 0 |

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Concurrent jurisdiction considered: Unlawful and unfair termination?

by GilesFiles | Dec 4, 2020 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, ConCourt judges, Conduct & capacity, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Exceptions/special pleas, Fixed-term, General, Government, Interpretation etc, Judges, Jurisdiction & powers, L Theron, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Review tests, Sectors, Special pleas, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Labour court jurisdiction: BCEA compliance

by GilesFiles | Nov 26, 2019 | 2019, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), ConCourt judges, Constitutional Court, Courts, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Parties, Sectors, Special pleas, Statutes (LRL 2)-work, 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,...

Tag: BCEA 77