CJ Musi Archives - GilesFiles

Legality review not applicable: Private power exercised?

by GilesFiles | Feb 11, 2026 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Constitutional Court, Costs, Courts, Disallowed, erroneously sought, HC Uniform, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, PAJA 2000, Parties, Personal services, Private enterprises, Refused, Review tests, Sectors, Special pleas, Statutory, Thresholds, 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,...

Extending main agreement: Majoritarianism & collective bargaining

by GilesFiles | Nov 13, 2025 | 2020 onwards, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs not awarded, Courts, Declaratory, Disallowed, Free and fair, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 1995, Markets in SA, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, Transport & communication | 0 |

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Under-represented groups: Pipelining to promote?

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, Appeals - leave, Causes and defences, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Automatically unfair dismissals: Reinstatement confirmed

by GilesFiles | Feb 26, 2025 | 2020 onwards, Appeals, Appeals - leave, AUD, Causes and defences, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Providing appropriate redress: Inadequate compensation tendered

by GilesFiles | Nov 18, 2024 | 2020 onwards, Allowed, Appeals, BCEA 1997 (LRL 10), Causes and defences, Compensation or damages, Contractual breach, Courts, Damages, Declaratory, Evidence & onus, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Micro enterprises, Objective - correctness, Operational reasons, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Dispute resolution jurisdiction: ELRC has necessary powers

by GilesFiles | Jun 12, 2024 | 2020 onwards, Causes and defences, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, PAJA 2000, Parties, Promotion or demotion, Provincial, Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Interpreting collective agreement: Jurisdiction lacking

by GilesFiles | Aug 23, 2023 | 2020 onwards, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Costs, Courts, Direct and indirect discrimination, Disallowed, 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, Manufacturing, Objective - correctness, Orders, Parties, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Refunding agency fees: Purpose of LRA s 25

by GilesFiles | Aug 17, 2023 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Constructive dismissal considered: Intolerability not proved

by GilesFiles | Aug 17, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capacity, Constructive: 186(1)(e), Costs, Courts, Evidence & onus, Finance, Interpretation etc, Intolerable, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 2 |

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Procedurally unfair dismissal: Substantively unfair result?

by GilesFiles | Nov 26, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Compensation or damages, Conduct & capacity, Costs, Costs not awarded, Courts, Fair procedure, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Levy payments absolved: Unlawful resolution?

by GilesFiles | Apr 22, 2020 | 2020 onwards, Applications, BC and HOAs, Community schemes, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Body Corporate of Bains Game Lodge v Bainsvlei Lodges (Pty) Ltd In considering whether owners could be absolved from levy payments the high court decided that ‘the interlocutory order sought would not push this matter or...

Ignored three ultimatums: Fair dismissal of strikers

by GilesFiles | Jul 19, 2018 | 2018, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, Collective action, Conduct - gross, Conduct & capacity, Consistency element, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Risks, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Warnings | 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: CJ Musi