LRA 165 Archives - GilesFiles

Accepting tender of services: Essential element?

by GilesFiles | Mar 11, 2025 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Refusing rescission judicially: Lack of merits

by GilesFiles | May 2, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Courts, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 144 and 165 rescissions, LRA 1995, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Complying with reinstatement order: Variation refused

by GilesFiles | Nov 24, 2023 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Costs, Courts, Declaratory, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, LRA D: 151-166 LC, Metro, Orders, Parties, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Unlawful dismissal challenge: LC jurisdiction lacking

by GilesFiles | Jul 5, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Exceptions/special pleas, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Res judicata (issue estoppel), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Rescission application granted: Misleading stratagem

by GilesFiles | May 26, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Costs not awarded, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, LC-Practice Manual, Legal Practice, Legality principle, Logistics, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Objective - correctness, Orders, P Coppin, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Resignation unilateral act: Consensual withdrawal required

by GilesFiles | Mar 18, 2022 | 2020 onwards, Applications, Causes and defences, Competition Tribunal, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, GN Moshoana, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Orders, Parties, Refused, Refused, Resignations, Rule nisi, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Rescission application refused: No reasonable explanation

by GilesFiles | Aug 26, 2021 | 2020 onwards, Applications, Courts, Declaratory, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Rejecting nullity argument: Jurisdiction lacking

by GilesFiles | Aug 17, 2021 | 2020 onwards, Applications, BM Whitcher, Costs, Courts, Declaratory, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Review tests, Sectors, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Unlawful and void | 0 |

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Default judgment rescinded: Reasonable prospects

by GilesFiles | Oct 25, 2019 | 2019, Courts, HC Uniform, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Operational reasons, Orders, Rules Codes & Manual, Statutes (LRL 2)-work, Topics | 0 |

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Rescission application valid: Claim had not prescribed

by GilesFiles | Dec 12, 2018 | 2018, Causes and defences, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Orders, Roland Sutherland, Statutes (LRL 2)-work, Topics | 0 |

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Rescinding court orders: Labour court LRA s165(a)

by GilesFiles | Feb 17, 2015 | 2015, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Orders, RMM Zondo, Statutes (LRL 2)-work, Topics | 0 |

Justice Zondo in F & J Electrical CC v MEWUSA obo E Mashatola and Other (CCT 131/14) [2015] ZACC 3 ; [2015] 5 BLLR 453 ; (2015) ILJ 1189 (17 February 2015) at para 27. A party may have an order of the Labour Court rescinded...

Tag: LRA 165