Constitution 17 Archives

Automatically unfair dismissals: Reinstatement confirmed

by GilesFiles | Feb 26, 2025 | 2020 onwards, Appeals, Appeals - leave, AUD, Causes and defences, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Political protest action: Labour court lacks jurisdiction

by GilesFiles | Mar 6, 2024 | 2020 onwards, 64-77 Strikes, 69 Protest action, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Objective - correctness, Orders, Organisations (LRL 4), Parties, Private enterprises, Refused, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

CCI SA (Pty) Ltd v ANC Youth League How to determine jurisdiction and whether trade union or strike action was involved or simply political protest action? “[28] What is different in this matter is that as much as the...

Subsidiarity doctrine considered: Refused exception

by GilesFiles | Mar 8, 2023 | 2020 onwards, Applications, Causes and defences, Courts, Damages, Declaratory, EEA 1998, Employ Equity (LRL 12), Exceptions/special pleas, H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, 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,...

Lawful strike action: But picketing unlawful

by GilesFiles | Aug 1, 2022 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, 67 protected strike, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Fair procedure, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Delict, Disallowed, Exceptions/special pleas, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, M Madlanga, Orders, Parties, Review tests, Sectors, Special pleas, State organs, 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,...

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Dignity equality freedom, Exceptions/special pleas, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

Unprotected strike action: Punitive costs against union

by GilesFiles | Apr 30, 2021 | 2020 onwards, 64-77 Strikes, 65 limitations, 68 strike unprotected, Applications, Causes and defences, Collective Bargaining (LRL 5), Confirmed, Costs, Costs punitive, Courts, Government, Granted, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Municipal, Orders, Parties, Rule nisi, 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,...

Tag: Constitution 17

Automatically unfair dismissals: Reinstatement confirmed

Political protest action: Labour court lacks jurisdiction

Subsidiarity doctrine considered: Refused exception

Lawful strike action: But picketing unlawful

Subsidiarity principle considered: Interests of justice

Bringing constitutional challenge: Specificity and clarity

Unprotected strike action: Punitive costs against union