functus officio Archives

Refusing leave to appeal: Recusal of arbiter?

by GilesFiles | Mar 12, 2025 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Recusal, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Functus officio doctrine: Explained and applied

by GilesFiles | Aug 24, 2023 | 2020 onwards, ConCourt judges, Constitutional Court, Costs, Courts, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, SA Majiedt, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Mncwabe & Mathenjwa v President of RSA Was the President functus officio or in other words could he “reverse” the former President’s decision to make certain NPA appointments? “[116] To summarise: there is...

Jurisdictional rulings considered: Different rulings?

by GilesFiles | Jul 19, 2023 | 2020 onwards, Applications, Causes and defences, CCMA Rules-old, Courts, Declaratory, H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Private enterprises, Res judicata (issue estoppel), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics, Trade | 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,...

Functus officio doctrine: Cause of action?

by GilesFiles | Jul 19, 2023 | 2020 onwards, Cause of action defined, Costs, Courts, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, 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,...

Rescission rulings review: Award a nullity

by GilesFiles | Feb 3, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-old, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 144 and 165 rescissions, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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,...

Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Delict, Disallowed, Exceptions/special pleas, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, M Madlanga, Orders, Parties, Review tests, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, 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,...

Jurisdictional power lacking: Destroying CCMA ruling

by GilesFiles | Jun 28, 2021 | 2020 onwards, Applications, CCMA & BC, CCMA Rules-old, Conduct - gross, Conduct & capacity, Courts, Declaratory, Exceptions/special pleas, Fair procedure, GN Moshoana, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 144 and 165 rescissions, LRA 1995, Mining, Objective - correctness, Orders, Parties, Res judicata (issue estoppel), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Damages claim considered: Res judicata applies?

by GilesFiles | Jun 17, 2021 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Delict, Exceptions/special pleas, 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, Manufacturing, Orders, Parties, Res judicata (issue estoppel), Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Improper remittal decision: Absence of record

by GilesFiles | Jun 2, 2021 | 2020 onwards, Applications, Bargaining councils, Central, Courts, Declaratory, Exceptions/special pleas, GN Moshoana, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, 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,...

Dismissal separate proceedings: Adjudicate and arbitrate

by GilesFiles | May 28, 2020 | 2020 onwards, Appeals, Appeals - leave, Conduct & capacity, Courts, Dennis Davis, Disallowed, Exceptions/special pleas, Incompatibility, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, lis alibi pendens, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Non-profit organisations, Orders, Parties, Performance, Res judicata (issue estoppel), Risks, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Joinder rescission review: Practice Manual applied

by GilesFiles | Jan 23, 2020 | 2020 onwards, Applications, Courts, Edwin Tlhotlhalemaje, Joinder, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Objective - correctness, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

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Incomplete arbitration proceedings: Jurisdiction and powers

by GilesFiles | Nov 6, 2018 | 2018, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Parties, Sean Snyman, Sectors, Topics, Trade unions | 0 |

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