2019 Archives - GilesFiles

Valid reason unfair: Trivial conflicting interests

by GilesFiles | Dec 11, 2019 | 2019, Awards -s145 see also Sidumo, B Waglay, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, 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,...

Alcohol consumption detected: Fairness principles applied

by GilesFiles | Dec 11, 2019 | 2019, Allowed, Appeals, Appeals - leave, B Waglay, Courts, Evidence & onus, Gross misconduct, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, 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,...

Precautionary suspension unfair: Compensation awarded

by GilesFiles | Dec 11, 2019 | 2019, Courts, Evidence & onus, F Kathree-Setiloane, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, Municipal, Objective - correctness, Parties, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Suspensions, 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,...

Unusual costs order: Successful legal practitioner

by GilesFiles | Dec 11, 2019 | 2019, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Roland Sutherland, 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,...

Mozambican operation examined: SA jurisdiction?

by GilesFiles | Dec 6, 2019 | 2019, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Costs, Courts, Declaratory, Dennis Davis, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, 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,...

Flagrantly abusing system: Fair reason dismissal

by GilesFiles | Nov 26, 2019 | 2019, Appeals, Awards -s145 see also Sidumo, Courts, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, 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,...

Retirement age dispute: Revised contract?

by GilesFiles | Nov 25, 2019 | 2019, Appeals, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Conduct & capability, Courts, F Kathree-Setiloane, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Parties, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Enforcing contractual rights: Lawfulness and fairness

by GilesFiles | Nov 25, 2019 | 2019, Appeals, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Courts, F Kathree-Setiloane, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Universities and schools | 0 |

Archer v Pinelands High School Enforcing contractual rights is distinct from a cause of action based on the statutory right ‘not to be unfairly dismissed’ which means that former employees may pursue two claims...

Unduly formalistic approach: Gross irregularity

by GilesFiles | Nov 5, 2019 | 2019, Allowed, Appeals - leave, Awards -s145 see also Sidumo, Central, Costs, Courts, Evidence & onus, Granted, Gross misconduct, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules, LCP Manual, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, 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,...

Provoked unprotected strike: No justification found

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Collective action, Costs, Courts, Dennis Davis, Hospitality, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Power plays (LRL 6), Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Strike - protected, Strike s68 unprotected, Termination (LRL 8), Topics, Trade unions | 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,...

Deployment decision reviewed: Collective agreement

by GilesFiles | Oct 16, 2019 | 2019, Bill of Rights, Collective action, Common law, Conduct & capability, Costs, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, PAJA 2000, Parties, Resolving disputes (LRL 3), Restructuring, Review tests, State organs, Statutes (LRL 2)-work, 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,...

Agency shop lawful: Compliance with LRA s 25(3)

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Associations/corporates, Collective Bargain (LRL 5), Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, Motor industry, Parties, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 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,...

Category: 2019