Early retirement Archives

De-archiving and reinstating review: Granting application

by GilesFiles | Feb 11, 2025 | 2020 onwards, Applications, Causes and defences, Central, Courts, Declaratory, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Res judicata (issue estoppel), Resolving disputes (LRL 3), 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,...

Bargain snatching considered: Alleged contract invalid

by GilesFiles | Jan 21, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Common law, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Personal services, Res judicata (issue estoppel), Resolving disputes (LRL 3), Retirement, Review tests, Rules Codes & Manual, Sectors, Termination (LRL 8), Topics, Universities and schools | 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,...

Effect of early retirement: Contract not terminated

by GilesFiles | Mar 12, 2024 | 2020 onwards, BM Whitcher, Causes and defences, Contractual breach, Courts, Declaratory, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Pleadings: amending, Retirement, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, 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,...

Wrongful omissions considered: Delictual claim refused

by GilesFiles | Jun 9, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Delict, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Provincial, Roman Dutch law, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics, Vicarious liability | 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,...

Reciprocal contractual obligations: Duty to disclose transfer?

by GilesFiles | May 6, 2020 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, Orders, Parties, Retirement, Review tests, Sectors, Special pleas, Topics | 0 |

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

Voluntary separation packages: Procedural fairness accepted

by GilesFiles | Mar 5, 2020 | 2020 onwards, Applications, Courts, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Parties, Refused, Retirement, RGO Lagrange, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Management directive: binding contract not concluded

by GilesFiles | Dec 10, 2014 | 2014 and earlier, 2015 and earlier, Anton Steenkamp, Appeals, B Waglay, Causes and defences, Courts, Disputes: right or interest, General, Interpretation etc, Judges, Labour Appeal Court, Labour Court judges, Labour Relations, LAC judges, Landmark judgments, Managerial prerogative, Retirement, Topics | 1 |

Eskom Holdings Ltd v Solidarity obo Hutchings (CA19/11) [2014] ZALAC 84 (10 December 2014) per Waglay JP [Musi and Dlodlo AJJA concurring] On appeal the Labour Appeal Court set aside the judgment of Steenkamp J in the Labour...

Flexible working hours: Woolworths’ operational requirements

by GilesFiles | Aug 28, 2012 | Collective Bargaining (LRL 5), Insights, Labour Relations, Organisations (LRL 4), Parties, Sectors, Topics | 0 |

Management must exercise great care when changing so-called conditions of employment, such as working hours. But the courts have accepted that it is unrealistic to force management to honour contracts when the needs of the...

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