legal representation Archives

Appointing external chairperson: Contractual breach?

by GilesFiles | Feb 16, 2026 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

Flawed labour claim: Punitive costs awarded

by GilesFiles | Jan 13, 2026 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, self-created urgency, Special pleas, 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,...

CCMA arbitration: Legal representation allowed?

by GilesFiles | Mar 4, 2025 | AB1 - Fairness principle or concept, AQ - De Rebus, Insights | 0 |

CCMA arbitration: Under what conditions is legal representation allowed? March 1st, 2025 Picture source: Getty/iStock The question of whether an applicant has a constitutional right to legal representation during arbitration...

Reviewing eviction order: Employment terminated

by GilesFiles | Jan 15, 2025 | About GilesFiles, Agriculture, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, 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,...

Destroyed trust relationship: Senior executive’s conduct

by GilesFiles | Nov 19, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Finance, Incompatibility, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Conduct related reason: Active hearing management

by GilesFiles | Jan 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct - gross, Conduct & capacity, Costs, Costs not awarded, Courts, Harass & bully, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, P Coppin, Parties, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, Trust & confidence | 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,...

Legal representation: Excluded by collective agreement

by GilesFiles | Oct 18, 2014 | 2014 and earlier, Collective Bargaining (LRL 5), Conduct & capacity, Courts, Fair procedure, Interdicts & rules, Judges, Labour Court, Termination (LRL 8) | 0 |

It is only right and proper that we recognise the time and trouble taken by acting justice Sean Snyman in the Labour Court to examine, in considerable depth, the case law on the subject of intervening in and interdicting...

Legal representation considered: Uncomplicated harassment

by GilesFiles | Oct 1, 2014 | 2014 and earlier, Bill of Rights, Conduct & capacity, Courts, F Kathree-Setiloane, Harass & bully, Insights, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, LRA 1995, Management, Policies - all, Review tests, Statutes (LRL 2)-work, Topics | 1 |

Num v CCMA (JA90/2013) [2014] ZALAC 51 (1 October 2014) per Kathree-Setiloane AJA [Tlaletsi DJP and Musi JA concurring] Appeal disallowed. Refusal of legal representation not unconstitutional. LAC summary: Legal representation...

Lawyers: no right to work in CCMA

by GilesFiles | Sep 23, 2013 | 2014 and earlier, Bill of Rights, CCMA Rules-old, Courts, Judges, Labour Relations, Legal Practice, Parties, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 1 |

The uncertainty that has existed for some time as to whether CCMA Rule 25(1)(c) is unconstitutional has been put to rest by the Supreme Court of Appeal (SCA). The matter must now be regarded as settled, unless the lawyers...

CCMA Rule 25(1)(c) unconstitutional

by GilesFiles | Oct 19, 2012 | 2014 and earlier, AH - Labour Legislation & Rules, AH01b - CCMA Rules archived, Causes and defences, CCMA awards, CCMA Rules-old, Courts, High Court, Insights, Legal Practice, Legality principle, Rules Codes & Manual | 0 |

For many years practising attorneys have argued that some of their constitutional rights had been infringed by the rules of the CCMA. Rule 25(1) purports to restrict their right to represent clients, mainly employers, in...

Legal Services Charter & threat to large law firms

by GilesFiles | Jul 2, 2009 | Reforms required | 0 |

BusinessDay today contains an opinion from Jackie Dugard & Kate Tissington, researchers at the Centre for Applied Legal Studies at Wits University”Why Cape legal twist looks like a demolition of justice for...

Dialogue and reflection: Will employers learn?

by GilesFiles | May 13, 2009 | 2014 and earlier, André van Niekerk, Causes and defences, Conduct & capacity, Fair procedure, ILO Convention 158/1982, Labour Court, LRA 1995, Termination (LRL 8) | 0 |

In a very recent Labour Court case National Bioinformatics Network Trust v Jacobs (14 April 2009) Justice André Van Nierkerk refused to halt CCMA arbitration proceedings after the commissioner declined to allow the employer to...

Tag: legal representation