substance and procedure Archives

Valid operational requirements: Substance & procedure?

by GilesFiles | Nov 27, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, B Waglay, Causes and defences, Costs not awarded, Courts, Declaratory, Hospitality, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Retired judges, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Covid-19 pandemic consequences: Compensation awarded

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Declaratory, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication | 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,...

Valid and fair reason: When terminating employment

by GilesFiles | Mar 29, 2025 | AD - Personal archives, AN - ILJ articles etc, AU - ChatGPT, Fair procedure, Insights | 0 |

It is important to appreciate the distinction between a valid reason to terminate employment and a fair reason to do so because this reflects the principles of fairness, justice, and due process in employment law. Just as there...

Disputed employment relationship: Clerk of Works

by GilesFiles | Feb 12, 2024 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 197 - transfers, MR Makhura, Orders, Parties, Private enterprises, Sectors, Selected judges, 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,...

Delaying disciplinary measures: Compensation for unfair procedure

by GilesFiles | Nov 24, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Compensation or damages, Conduct - gross, Conduct & capacity, Contractual breach, Courts, Declaratory, Fair procedure, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Protect not punish, Review tests, Risks, Sectors, Selected judges, State, State organs, 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,...

Compliance order issued: Made order of court

by GilesFiles | Aug 23, 2019 | 2019, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Rules Codes & Manual, Sectors, 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,...

Varying time periods: Collective agreement upheld

by GilesFiles | Jul 10, 2019 | 2019, B Waglay, Bargaining councils, Collective Bargaining (LRL 5), Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Parties, Provincial, 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,...

Operational requirements dismissals: Process

by GilesFiles | Jul 3, 2016 | 2016, André van Niekerk, BM Whitcher, John Murphy, Labour Court, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), Miscellaneous, Suspensions, Words & phrases | 1 |

It is submitted that the labour court correctly refused to allow the trade union to consolidate cases concerning alleged unfair process and substance. In about 2002 trade unions demanded the right to strike over dismissals...

Tag: substance and procedure