Endumeni case Archives

Interpreting settlement agreement: Special plea upheld

by GilesFiles | Mar 4, 2026 | 2020 onwards, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, Mutual termination, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Sectors, Settlement agreements, Special pleas, Termination (LRL 8), Topics, Transport & communication | 0 |

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Penalty levy dispute: New owner liable?

by GilesFiles | Feb 24, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Workplace ambit and scope: Place or category?

by GilesFiles | Dec 8, 2022 | 2020 onwards, Causes and defences, Collective Bargaining (LRL 5), Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 09: 198-213 General, LRA 1995, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Professional practice rights: Pending appeal?

by GilesFiles | Nov 8, 2022 | 2020 onwards, Associations/corporates, Bill of Rights, Causes and defences, Common law, Consumer protection, Contractual breach, Courts, Declaratory, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Regulations, Review tests, Rules Codes & Manual, Sectors, Statutory, staying proceedings, Topics, Urgency | 0 |

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Expired incentive bonus: Process remedy granted

by GilesFiles | Oct 25, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Delict, Evidence & onus, Exceptions/special pleas, General, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Logistics, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Management, Minute: pre-trial or arb, Objective - correctness, Orders, Parties, Performance, Practices (LRL 9), Private enterprises, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Multiple causes of action: Unlawful and unfair termination

by GilesFiles | Sep 27, 2022 | 2020 onwards, AB1 - Fairness principle or concept, AH09 - LRA, AH10 - BCEA, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Local, LRA 1995, Orders, Parties, Refused, Resolving disputes (LRL 3), Roland Sutherland, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Blatant age discrimination: Substance or proviso?

by GilesFiles | Sep 27, 2022 | 2020 onwards, Appeals, Appeals - leave, AUD, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Disallowed, Discrimination (LRL 11), Evidence & onus, F Kathree-Setiloane, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Motor industry, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Retirement, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Policy and principles interpreted: Binding nature?

by GilesFiles | Sep 15, 2022 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Evidence & onus, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Policies - all, Refused, Sectors, Statutory, Topics, Universities and schools, Urgency | 0 |

Studenteplein v Stellenbosch University When do principles dictate when a policy is binding and how it should be interpreted and implemented particularly during a crisis such as Covid-19? “[80] On a reading together of...

Same salary adjustments: Cost-of-living increase

by GilesFiles | Aug 18, 2022 | 2020 onwards, AF - Internal equity external parity, Appeals, Appeals - leave, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Disallowed, EEA9 Levels s21, Equal pay and value, F Kathree-Setiloane, Government, Insights, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Pay progression, Policies - all, Practices (LRL 9), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Restraint agreement transfer: LRA and BCEA context

by GilesFiles | Aug 10, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Hospitality, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 197 - transfers, LRA 1995, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Sectors, Special pleas, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

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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 |

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Trade union constitution: Implied or tacit terms?

by GilesFiles | Jul 28, 2022 | 2020 onwards, Appeals - leave, Applications, Causes and defences, Collective Bargaining (LRL 5), Conduct & capacity, Costs, Costs not awarded, Courts, Disallowed, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, leave to appeal, Legal Practice, LRA 02: 4-10 FOA, LRA 06: 95-111 Unions, LRA 07: 112-184 Dispute, LRA 1995, Orders, Organisations (LRL 4), Parties, Personal services, Sectors, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Terms & conditions, Topics, Trade unions | 0 |

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