jurisdictional challenge Archives

Adjusting salary scale: Jurisdiction lacking?

by GilesFiles | Mar 2, 2026 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Refused, Resolving disputes (LRL 3), Sectors, 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,...

Conferring powers not jurisdiction: Abuse of process

by GilesFiles | Feb 2, 2026 | 2020 onwards, Applications, Bill of Rights, Cause of action defined, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, Local, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Statutory, staying proceedings, 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,...

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 |

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,...

Unlawful dismissal alleged: Jurisdiction & prescription

by GilesFiles | Dec 5, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Fair procedure, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Objective - correctness, Orders, Parties, Pleadings: amending, Protectable interests, Provincial, Public policy, Res judicata (issue estoppel), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State organs, 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 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 |

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,...

Creation of contractual rights: Implied and tacit terms?

by GilesFiles | Feb 15, 2010 | 2014 and earlier, 2015 and earlier, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Management, MJD Wallis, Notice requirements, Orders, Parties, Policies - all, Practices (LRL 9), Retired judges, Roman Dutch law, SCA judges, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics, Trust & confidence | 0 |

SA Maritime Safety Authority v McKenzie When is jurisdictional challenge raised as opposed to jurisdiction over pleaded claim concerning creation of contractual rights? The Constitutional Court has repeatedly ruled that you...

Tag: jurisdictional challenge

Adjusting salary scale: Jurisdiction lacking?

Conferring powers not jurisdiction: Abuse of process

Referring disputes examined: Depriving employees of rights?

Unlawful dismissal alleged: Jurisdiction & prescription

Lawful strike action: But picketing unlawful

Creation of contractual rights: Implied and tacit terms?