hopeless cases Archives

Essential employment relationship: Jurisdiction lacking

by GilesFiles | Jan 23, 2026 | 2020 onwards, Bill of Rights, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Excepting to claim statement: Legal fees forfeited

by GilesFiles | Jun 19, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AH02a - LC rules current, AH08 - Good Practice, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Courts, Declaratory, Exceptions/special pleas, General, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Depriving practitioner of fees: Hopeless cases considered

by GilesFiles | Dec 24, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, General, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Granting leave to appeal: Applying legal test

by GilesFiles | Sep 26, 2024 | 2020 onwards, Applications, Banks, Causes and defences, Costs, Courts, Declaratory, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, Sectors, Statutory, Topics | 0 |

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Persisting with hopeless case: Invalid dismissal reason

by GilesFiles | Sep 6, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Retired judges, Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Hopeless cases discussed: Refused review application

by GilesFiles | Jun 6, 2024 | 2020 onwards, Causes and defences, Condonation, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Jurisdictional issues considered: Another hopeless case

by GilesFiles | Dec 1, 2023 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Costs, Courts, Declaratory, Fair procedure, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Moonlighting and fiduciary duties: Clear conflicting interests

by GilesFiles | Nov 3, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Condonation, Conduct & capacity, Consistency element, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Review tests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Universities and schools | 0 |

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Legal practitioners charges: Hopeless cases

by GilesFiles | Jun 7, 2023 | 2020 onwards, Applications, Causes and defences, Contempt, Costs, Courts, Declaratory, 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, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Jurisdictional issues considered: Struck off with costs

by GilesFiles | Nov 21, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Costs, Costs punitive, Courts, Declaratory, Disputes: right or interest, erroneously sought, Exceptions/special pleas, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Refused, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), Topics | 0 |

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Intoxicated senior management: Occupational accident?

by GilesFiles | Mar 19, 2021 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Courts, Evidence & onus, Exceptions/special pleas, General, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Management, Orders, Protectable interests, Public policy, Roman Dutch law, Special pleas, Statutory, Topics | 0 |

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Reinstatement order considered: Non-existent post

by GilesFiles | Mar 24, 2020 | 2020 onwards, Applications, Causes and defences, Contempt, Costs, Costs punitive, Courts, Exceptions/special pleas, Finance, GN Moshoana, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 193, LRA 1995, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Tag: hopeless cases