PDA 4 Archives - GilesFiles

Staying disciplinary enquiry: Occupational detriment?

by GilesFiles | Oct 31, 2025 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, erroneously sought, Finance, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, 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,...

Multiple instances of misconduct: Special pleas upheld

by GilesFiles | Jun 5, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, B Waglay, Causes and defences, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Vacating residential premises: Interim interdict granted

by GilesFiles | May 31, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Eviction/ejectment, Granted, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, self-created urgency, Statutes (LRL 2)-work, staying proceedings, Topics, Training authorities, Universities and schools | 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,...

Reinstating lapsed referral: Balancing interests

by GilesFiles | Aug 24, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Condonation, Conduct & capacity, Costs, Courts, Discrimination (LRL 11), Evidence & onus, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC-Practice Manual, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 194, LRA 1995, Municipal, Orders, Parties, Refused, RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Substance, 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,...

Overlapping damages claims: Not barred

by GilesFiles | Feb 2, 2023 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Costs, Courts, Damages, Declaratory, Exceptions/special pleas, Finance, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Protectable interests, Public policy, Rules Codes & Manual, Sectors, 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,...

Territorial jurisdiction disputed: Locating workplace?

by GilesFiles | Jan 19, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capacity, Costs, Courts, Damages, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, RGO Lagrange, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Territorial jurisdiction, 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,...

Alleged protected disclosures: Urgent relief refused

by GilesFiles | Sep 7, 2021 | 2020 onwards, Applications, Central, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, GN Moshoana, Government, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 01: 1-3 Purpose, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Practices (LRL 9), Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Topics, Urgency | 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,...

Protecting appointment disclosure: Public interest important

by GilesFiles | Nov 27, 2009 | 2014 and earlier, 2015 and earlier, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Municipal, Orders, Parties, SCA judges, Sectors, State organs, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

City of Tshwane Metropolitan Municipality v Engineering Council of SA SCA in protecting the appointment disclosure was ‘satisfied that the letter contained a disclosure of information regarding the conduct of those...

Assess compensation properly: Just and equitable award

by GilesFiles | Jun 2, 2009 | 2020 onwards, Bill of Rights, Causes and defences, Central, Compensation or damages, Courts, Delict, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), Government, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 193, LRA 194, LRA 1995, Parties, Practices (LRL 9), Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Minister for Justice and Constitutional Development v Tshishonga LAC stressed the need to assess compensation properly and appreciate that the LRA caps compensation at either 12 or 24 months but it must be just and equitable...

Tag: PDA 4