Undue delay – GilesFiles

Intervening in disciplinary proceedings: Exceptional circumstances?

by GilesFiles | Jul 15, 2025 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Disallowed, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Resolving disputes (LRL 3), Sectors, Special pleas, 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,...

Delaying action unreasonably: Abuse warranting dismissal

by GilesFiles | Dec 23, 2024 | 2020 onwards, Causes and defences, Costs, Courts, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Self-legality review: Power to procure services

by GilesFiles | Dec 12, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Consumer protection, Contractual breach, Costs, Courts, Declaratory, DN Unterhalter, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, SCA judges, Sectors, State Owned Enterprises, Statutory, Supreme Court of Appeal, 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,...

Irregular appointment examined: Interests of justice

by GilesFiles | Nov 29, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Deemed, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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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,...

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,...

Permanent stay application: Alternative remedy discussed

by GilesFiles | Jul 31, 2023 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Finance, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Refused, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutory, staying proceedings, Topics | 0 |

MVV v Director of Public Prosecutions, Western Cape Is it appropriate to grant a permanent stay application in civil proceedings given specific provisions in Criminal Procedure Act? “[33] The attitude adopted by the first...

Delayed review process: Lapsed and archived

by GilesFiles | Nov 4, 2021 | 2020 onwards, Conduct & capacity, Costs, Costs not awarded, Courts, Harass & bully, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Micro enterprises, Mining, Orders, Parties, Policies - all, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Struck off, Topics | 0 |

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Practice Manual objectives: Expeditious dispute resolution

by GilesFiles | Dec 12, 2018 | 2018, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, LC-Practice Manual, Legal Practice, MV Phatshoane, Rules Codes & Manual, 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,...

Rule 11 applied: Statement rejected undue delay

by GilesFiles | Jun 28, 2017 | 2017, Appeals, Appeals - leave, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, Legal Practice, Legality principle, LRA 1995, Manufacturing, MV Phatshoane, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, 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,...

Undue delay and forfeiture

by GilesFiles | Oct 19, 2015 | Appeals, Causes and defences, Courts, Legal Practice, Sean Snyman, Words & phrases | 1 |

Snyman AJ in Popcru v Ledwaba NO (Correctional Services) (JR636/2012) [2015] ZALCJHB 354 (14 October 2015) at para [20]. I see no reason why these same considerations should not apply to applications for leave to appeal. In...

Collective agreement: Right to discipline despite delays

by GilesFiles | Jun 17, 2015 | 2015, Courts, Edwin Tlhotlhalemaje, Judges, Labour Court, Labour Court judges, Labour Relations, Practices (LRL 9), Statutes (LRL 2)-work, Topics, Warnings | 0 |

South African Democratic Teachers Union v Motheo FET College (J352/15) [2015] ZALCJHB 183 (17 June 2015) per Tlhotlhalemaje AJ. The provisions of the Collective Agreement were not intended to remove the employer’s right to...

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