jurisdiction 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 |

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,...

Jurisdiction & exercise thereof: Distinguish between them?

by GilesFiles | Mar 31, 2025 | 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, General, HC Uniform, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, State, State organs, Statutory, Thresholds, Topics, Transport & communication | 0 |

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Automatically unfair dismissals: Reinstatement confirmed

by GilesFiles | Feb 26, 2025 | 2020 onwards, Appeals, Appeals - leave, AUD, Causes and defences, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Gross insubordination considered: Lawful instructions disobeyed?

by GilesFiles | Dec 6, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Courts, Customary Law, Declaratory, Evidence & onus, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Lawful lockout confirmed: Changing terms & conditions

by GilesFiles | Nov 27, 2024 | 2020 onwards, 64 Lockout, 64 Strikes/lockouts, 64-77 Strikes, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Balancing interests, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Disallowed, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08b: 185-186(2) Practices, LRA 1995, Management, Managerial prerogative, Markets in SA, Operational reasons, Orders, Parties, Practices (LRL 9), Private enterprises, Reforms required, Res judicata (issue estoppel), Resolving disputes (LRL 3), Restructuring, Retirement, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, Topics, Trade | 0 |

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Providing appropriate redress: Inadequate compensation tendered

by GilesFiles | Nov 18, 2024 | 2020 onwards, Allowed, Appeals, BCEA 1997 (LRL 10), Causes and defences, Compensation or damages, Contractual breach, Courts, Damages, Declaratory, Evidence & onus, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Micro enterprises, Objective - correctness, Operational reasons, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Referring disputes examined: Depriving employees of rights?

by GilesFiles | Oct 30, 2024 | 2020 onwards, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Pleading unlawfulness not unfairness: Jurisdiction lacking

by GilesFiles | Jul 5, 2024 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Courts, Declaratory, Fair procedure, Government, 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, Pleadings: amending, Provincial, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Disputed employment relationship: Clerk of Works

by GilesFiles | Feb 12, 2024 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 197 - transfers, MR Makhura, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Lawful employment termination: BCEA 77(3) apply?

by GilesFiles | Jun 21, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Fair procedure, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Universities and schools | 0 |

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Jurisdiction and powers: Discussed and explained

by GilesFiles | Apr 20, 2016 | 2016, Courts, Judges, Jurisdiction & powers, Labour Appeal Court, Organisations (LRL 4), P Coppin, Review tests, Statutes (LRL 2)-work, Words & phrases | 1 |

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Tag: jurisdiction