Exceptional circumstances Archives

External legal representation: Exceptional circumstances?

by GilesFiles | Mar 5, 2026 | 2020 onwards, Causes and defences, Central, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Fair procedure, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Termination (LRL 8), Topics | 0 |

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Executing reinstatement judgment: Requirements of s 18 of SC Act?

by GilesFiles | Feb 20, 2026 | 2020 onwards, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, LC Rules-new, Legal Practice, Legislation, MR Makhura, Orders, Parties, Personal services, Provincial, Refused, Reinstatement, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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Suspending prohibition notices: sec 35(5) of OHSA

by GilesFiles | Dec 11, 2025 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Consumer protection, Costs, Costs not awarded, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Just and equitable remedy: In all the circumstances

by GilesFiles | Nov 2, 2025 | AB - Law generally, AU - ChatGPT, Compensation or damages, Costs not awarded, Fair procedure, Insights, LRA 193, LRA 194 | 0 |

Just and equitable remedy: In all the circumstances N v SA Mint (Rf) (Pty) Ltd (JS475/2022) [2024] ZALCJHB 445; (2025) 46 ILJ 964 (LC) (4 November 2024) per R Itzkin AJ. Excerpt regarding awarding compensation ito ss 193-195 of...

Compromise agreement considered: Final settlement?

by GilesFiles | Oct 10, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Banks, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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Punitive costs awarded: De bonis propriis

by GilesFiles | Jun 19, 2025 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Costs, Costs punitive, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Enforcing reinstatement order: Appeal but exceptional circumstances

by GilesFiles | Jun 11, 2025 | 2020 onwards, Appeals, Appeals - leave, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Local, LRA 07: 112-184 Dispute, LRA 1995, Municipal managers, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Contrived contractual breach: Lawful disciplinary process

by GilesFiles | Apr 14, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct - gross, Contractual breach, Costs, Courts, Declaratory, Edwin Tlhotlhalemaje, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Sectors, self-created urgency, Settlement agreements, Specific performance, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Pleading necessity defence: Exceptional circumstances?

by GilesFiles | Mar 26, 2025 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Disallowed, DN Unterhalter, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, Private security, Refused, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Special pleas, Struck off, Supreme Court of Appeal, Topics | 0 |

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Suspending municipal manager: Compliance with order

by GilesFiles | Dec 23, 2024 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Municipal managers, Orders, Parties, Reinstatement, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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Granting condonation examined: Justice and fairness interests

by GilesFiles | Nov 28, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Condonation, Constructive: 186(1)(e), Costs, Courts, Declaratory, Direct and indirect discrimination, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Operational requirements considered: Valid but unfair reason

by GilesFiles | Nov 4, 2024 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, Minute: pre-trial or arb, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Tag: Exceptional circumstances