defects Archives - GilesFiles

Misconceiving enquiry nature: Inadmissible evidence?

by GilesFiles | Jan 21, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Codes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Fair procedure, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MZN Lallie, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 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,...

Public holidays leave: Collective agreement

by GilesFiles | Mar 17, 2023 | 2020 onwards, BCEA 1997 (LRL 10), Causes and defences, Central, Condonation, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

Invalid unfair instruction: Reinstatement ordered

by GilesFiles | Nov 29, 2022 | 2020 onwards, Appeals, Appeals - leave, Authority: Sapiential or delegated, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Costs awarded, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Fair procedure, Insights, Insubordination and defiance, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, Management, Orders, Parties, Personal services, Policies - all, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, 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,...

Reviewing CCMA awards: Answering seven questions

by GilesFiles | May 16, 2019 | AB - Law generally, Awards -s145 see also Sidumo, Checklists, Disputes: factual, Insights, Labour Relations, Legal Practice, Objective - correctness, Review tests, Sidumo - see also awards s 145, Thresholds, Topics | 0 |

When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not...

Restating review test: Myburgh AJ’s helpful formulation

by GilesFiles | May 10, 2018 | 2018, Anton Myburgh, Awards -s145 see also Sidumo, Construction industry, Courts, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Recusal, Review tests, Sectors, Sidumo - see also awards s 145, 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,...

Appeal arbitration awards: Suggestion to scrap reviews

by GilesFiles | Jun 27, 2012 | 2014 and earlier, Appeals, CCMA awards, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Review tests, Termination (LRL 8), Topics | 5 |

The suggestion by justice John Murphy that the Labour Appeal Court should do what its name implies, and have the power of appeal over awards of the CCMA, must be welcomed. Most of us have been reared on the notion that the power...

Tag: defects

Misconceiving enquiry nature: Inadmissible evidence?

Public holidays leave: Collective agreement

Invalid unfair instruction: Reinstatement ordered

Reviewing CCMA awards: Answering seven questions

Restating review test: Myburgh AJ’s helpful formulation

Appeal arbitration awards: Suggestion to scrap reviews