Self-help Archives - GilesFiles

Unlawfully applying self-help: Employment termination void

by GilesFiles | Feb 28, 2025 | 2020 onwards, Applications, Automatic, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Local, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 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,...

Salary deductions considered: Exceptions not applicable

by GilesFiles | Jun 21, 2023 | 2020 onwards, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Provincial, Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

Waiving appeal rights: Leave refused

by GilesFiles | Mar 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Disallowed, erroneously sought, GN Moshoana, 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, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Salary unlawfully reduced: Absence of consent

by GilesFiles | Aug 16, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs punitive, Courts, Declaratory, Government, High Court, High Court judges, Insights, Job evaluation and grading, Judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

N and N v Mhlontlo Local Municipality How to challenge an unlawfully reduced salary and is application for declaratory relief as opposed to review coupled with an interdict appropriate? ‘[13] The submission that a...

Restoring unrestricted access: Deactivating biometric access

by GilesFiles | Mar 5, 2020 | 2020 onwards, Applications, Causes and defences, Community schemes, Courts, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Orders, Parties, Protectable interests, Public policy, Sectors, 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,...

Legality principle examined: Self-help and self-review

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Judges, Just and equitable relief, L Theron, Legal Practice, Legality principle, Municipal, Orders, PAJA 2000, Review tests, Sectors, State, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and majority overlooked unreasonable delay and declared contract as contrary to public policy. “The fourth principle stems...

Unilateral salary deductions: PSA s38(2)(b)(i) invalid

by GilesFiles | Dec 7, 2017 | 2017, 2017, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, Constitutional Court, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legality principle, Legislation, Retired judges, Sectors, Special pleas, 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,...

State deductions: Constitution & PSA 38(2)(b)(i)

by GilesFiles | May 18, 2017 | 2017, Appeals, Central, ConCourt judges, Constitutional Court, Courts, Judges, Legal Practice, Legality principle, Legislation, Parties, Sectors, 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,...

Self-help unconstitutional: Deductions

by GilesFiles | Dec 30, 2016 | 2016, Courts, Edwin Tlhotlhalemaje, Judges, Labour Court, Labour Court judges, Legality principle, Sectors | 0 |

In the light of the above conclusions, it follows that the provisions of section 38(2)(b)(i) of the PSA as sought to be interpreted and applied by the Department gives it or the State, a wide discretion in determining at any...

Prevent self-help: Administrative and executive

by GilesFiles | Nov 9, 2016 | 2016, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, SV Khampepe, Topics | 0 |

Department of Transport v Tasima (Pty) Ltd (CCT5/16) [2016] ZACC 39 (9 November 2016) The Constitutional Court resolved the following matter: whether an organ of state is bound to abide court orders enforcing purportedly invalid...

Tag: Self-help