Directives see also Policies Archives

Calculating leave days: Retiring with leave credits

by GilesFiles | Oct 6, 2022 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Costs awarded, Courts, Disallowed, Evidence & onus, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Policies - all, Provincial, Review tests, SCA judges, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

MEC for Economic Development, Environment and Tourism: Limpopo v SRL In calculating leave days when do the courts, as opposed to bargaining councils, have jurisdiction to resolve disputes concerning collective agreements?...

Assessing inordinate delay: Stringent test applied

by GilesFiles | Mar 22, 2022 | 2020 onwards, Applications, Causes and defences, Condonation, Costs, Costs not awarded, Courts, Declaratory, EEA 1998, EEA Chpt I ss 1-4, Employ Equity (LRL 12), Exceptions/special pleas, GN Moshoana, Government, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 194, LRA 1995, Management, Municipal, Orders, Parties, Pleadings: amending, Policies - all, 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,...

Minister’s unfair conduct: Exceeding authority and powers

by GilesFiles | Feb 18, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 77(3) & 77A(e), Causes and defences, CCMA Rules-old, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Finance, GN Moshoana, Impossibility or illegality, Insights, Interpretation etc, Joinder, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Management, Minute: pre-trial or arb, Orders, Parties, Policies - all, Practices (LRL 9), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Special pleas, Specific performance, State Owned Enterprises, Statutes (LRL 2)-work, 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 employment termination: compliance with contract

by GilesFiles | Jan 31, 2022 | 2020 onwards, Applications, Banks, Bill of Rights, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Delict, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, Fair procedure, Finance, High Court, High Court judges, Insights, Judges, Lawfulness & fairness, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, Policies - all, Res judicata (issue estoppel), Sectors, Special pleas, Termination (LRL 8), Topics | 0 |

Moyo v Old Mutual Ltd Lawful employment termination confirmed by high court after considering and rejecting all the alleged breaches and decided that the abandonment of the main claim for re-instatement did not do away with the...

Labour Courts Directives: As issued

by GilesFiles | Jan 26, 2022 | AB - Law generally, Checklists, Insights, Management, Policies - all, Rules Codes & Manual | 0 |

From time to time the Judge President of the Labour Courts issues Directives and some of them appear below and can be accessed by clicking on the links. 5 JANUARY 2022 Access to courts and conduct of proceedings from 17...

Appealing adjudicator order: Management rules interpreted

by GilesFiles | Jun 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, General, High Court, High Court judges, Insights, Interpretation etc, Judges, Legal Practice, Management, Orders, Parties, Policies - all, Regulations, Sectors, 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,...

Collective agreement extended: Reviewed and set aside

by GilesFiles | May 10, 2021 | 2020 onwards, Associations/corporates, Courts, Declaratory, H Rabkin-Naicker, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, PAJA 2000, Parties, Policies - all, Review tests, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Tax directive considered: No severance benefits

by GilesFiles | Mar 12, 2021 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs punitive, Courts, Exceptions/special pleas, High Court, High Court judges, Insights, Interpretation etc, Judges, Legal Practice, Management, Mutual termination, Orders, Parties, Policies - all, Private enterprises, Res judicata (issue estoppel), Resignations, Sectors, Settlement agreements, Termination (LRL 8), Topics | 0 |

T v Exclusive Books Group (Pty) Ltd Tax directive considered by high court and decided that employment was not terminated because of reaching 55 years of age and therefore his receipt of the money had nothing to do with his age...

CCMA access directive: Effective 11 May 2020

by GilesFiles | May 11, 2020 | AH - Labour Legislation & Rules, AH01b - CCMA Rules archived, CCMA Rules-old, Covid-19 issues, Evidence & onus, Insights, Jurisdiction & powers, Legal Practice, Management, Policies - all, Rules Codes & Manual | 0 |

URGENT DIRECTIVE IN RESPECT OF ACCESS TO CCMA The following Directives will apply with effect from 11 May 2020 until CCMA operations may be normalized and the restrictions set out in the Regulations issued in terms of section...

Covid-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020 onwards, Causes and defences, Costs, Courts, Covid-19 issues, Declaratory, High Court, High Court judges, Insights, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, philosophy / economics, Policies - all, Regulations, Sectors, Statutory, Topics | 0 |

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

Reviewing own decisions: Internal policies subverted

by GilesFiles | Feb 7, 2020 | 2020 onwards, Applications, Courts, Declaratory, Exceptions/special pleas, GN Moshoana, Insights, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Special pleas, State, State organs, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Ombud statutory appeal: CSOS Act s57 procedure

by GilesFiles | Oct 24, 2019 | 2019, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Common law, Community schemes, Courts, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Topics | 0 |

Stenersen and Tulleken Administration CC v Linton Park Body Corporate Ombud statutory appeal provision has resulted in considerable confusion with conflicting interpretations of CSOS s 57 by different divisions of the high court...

Tag: Directives see also Policies