LRA 138 Archives - GilesFiles

Independent contractor or employee: Section 200A of LRA

by GilesFiles | Nov 17, 2025 | 2020 onwards, Causes and defences, Costs not awarded, Courts, Declaratory, Disputes: right or interest, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Re-enrolling withdrawn dispute: Jurisdiction lacking?

by GilesFiles | Nov 11, 2025 | 2020 onwards, Applications, Causes and defences, CCMA Rules-new, Costs not awarded, Courts, Declaratory, erroneously sought, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 1995, LRA C: 133-150 CCMA, LRA D: 151-166 LC, Mining, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics | 0 |

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Admitting hearsay evidence: Law considered and applied

by GilesFiles | Mar 20, 2025 | 2020 onwards, B Waglay, Causes and defences, Costs, Courts, 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, Orders, Parties, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Harassing victimising subordinate: Valid and fair dismissal reason

by GilesFiles | Oct 16, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Vicarious liability | 0 |

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Successfully reviewing rulings: Jurisdiction lacking

by GilesFiles | Jan 5, 2024 | 2020 onwards, business rescue, Causes and defences, Central, Costs, Courts, Declaratory, 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, Objective - correctness, Orders, Parties, Restructuring, Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Demarcating furniture components: BC jurisdiction?

by GilesFiles | Dec 5, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Bargaining councils, Causes and defences, Connie Prinsloo, Costs, Courts, Declaratory, Free and fair, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Markets in SA, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Invalid unfair instruction: Reinstatement ordered

by GilesFiles | Nov 29, 2022 | 2020 onwards, Appeals, Appeals - leave, Authority: Sapiential or delegated, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Costs awarded, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Fair procedure, Insights, Insubordination and defiance, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, Management, Orders, Parties, Personal services, Policies - all, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Awards late delivery: Right to respond

by GilesFiles | Nov 2, 2022 | Applications, BCEA 1997 (LRL 10), Causes and defences, CCMA & BC, CCMA awards, CCMA members, Central, Conduct & capacity, Contractual breach, Courts, Declaratory, Evidence & onus, Fair procedure, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, LRA Sch 8: GP Code, Management, Managerial prerogative, Orders, Parties, Policies - all, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Absolution from instance: Appointment policies

by GilesFiles | Oct 21, 2022 | 2020 onwards, Absolution, Applications, Causes and defences, Collective Bargaining (LRL 5), Costs, Costs awarded, Courts, Exceptions/special pleas, Government, HC Uniform, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Management, Metro, Orders, Parties, Policies - all, Res judicata (issue estoppel), Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Piecemeal review process: Exceptional circumstances?

by GilesFiles | Jul 22, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Staying award enforcement: Requirements considered

by GilesFiles | May 25, 2022 | 2020 onwards, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, HC Uniform, Interdicts & rules, interpleader, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Manufacturing, Orders, Parties, Practices (LRL 9), Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, Suspensions, Topics, Urgency | 0 |

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Jurisdiction to arbitrate dispute: LRA 186(2)(a) benefits

by GilesFiles | May 11, 2022 | 2020 onwards, AF - Internal equity external parity, Applications, BCEA 1997 (LRL 10), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Equal pay and value, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, MZN Lallie, Objective - correctness, Orders, Parties, Practices (LRL 9), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, 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,...

Tag: LRA 138