MSA Archives - GilesFiles

Mutual separation agreement: Exceptions upheld with costs

by GilesFiles | Oct 3, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Exceptions/special pleas, Finance, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 1995, Mutual termination, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Minimum services agreement: Essential service considered

by GilesFiles | Mar 5, 2025 | 2020 onwards, 65 limitations, AB - Law generally, AL - ILO, Applications, Causes and defences, Central, Collective Bargaining (LRL 5), Courts, Declaratory, Government, ILO Convention 087, ILO Convention 098, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Orders, Parties, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Selected judges, 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,...

Policy compliance examined: Recruit and appoint

by GilesFiles | Oct 25, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Government, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Management, Metro, Objective - correctness, Orders, P Coppin, Parties, Policies - all, Practices (LRL 9), Promotion or demotion, Review tests, Rules Codes & Manual, Sectors, State, 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,...

Municipal manager appointments: Mootness

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Appeals - leave, Bill of Rights, Common law, ConCourt judges, Constitutional Court, Courts, Disallowed, HC Uniform, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, State, Topics | 0 |

Notyawa v Makana Municipality Municipal manager appointments examined and found that leave to appeal had to be refused because in the concurring judgment of Froneman J the issues were already moot and no purpose would be...

Municipal manager appointments: Leave refused

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Appeals - leave, Bill of Rights, Common law, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, HC Uniform, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, Topics | 0 |

Notyawa v Makana Municipality Municipal manager appointments examined and found that leave to appeal had to be refused because there were no prospects of success and the discretion had been properly exercised by the high ...

Enforcing restraint agreement: Confidentiality

by GilesFiles | Jul 4, 2019 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Courts, Declaratory, Granted, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Legal Practice, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Sectors, Settlement agreements, Topics, Trade restraints | 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,...

Minimum Services Determination: Human resources positions

by GilesFiles | Apr 10, 2019 | 2019, 64-77 Strikes, Central, Courts, Edwin Tlhotlhalemaje, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, philosophy / economics, Review tests, Sectors, 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,...

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 |

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,...

Operational requirements: dismissal for misconduct

by GilesFiles | May 6, 2015 | 2015, Anton Steenkamp, Awards -s145 see also Sidumo, Conduct & capacity, Courts, Deceased judges, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, Municipal, Operational reasons, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

City of Cape Town Municipality v Samwu (C819/13) [2015] ZALCCT 39 (6 May 2015) per Steenkamp J. The Labour Court reviewed and set aside an award and held that there was a valid and fair reason, related to conduct, to dismiss the...

Senior manager: Dismissal and Municipal Systems Act

by GilesFiles | Mar 20, 2015 | 2015, Awards -s145 see also Sidumo, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legislation, LRA 1995, Municipal, Municipal managers, Objective - correctness, Parties, Sean Snyman, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

Uthukela District Municipality v Khoza (D 735/2013) [2015] ZALCD 19 (20 March 2015) per Snyman AJ. Sections 56 and 57 of the Municipal Systems Act (MSA) were considered and interpreted in relation to the employment contract of a...

Minimum service agreement: Public utility

by GilesFiles | Aug 24, 2010 | 2014 and earlier, 2015 and earlier, Appeals, Collective Bargaining (LRL 5), Courts, Dennis Davis, Edwin Cameron, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, Logistics, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Organisations (LRL 4), Parties, Retired judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

By seeking to reconcile section 65, 70 and 74, no additional limitations are placed on the right to strike, save where these are expressly so provided by the LRA.

Tag: MSA