2017 Archives

Substituting contracts considered: Enforce and cancel?

by GilesFiles | Dec 18, 2017 | 2017, Applications, B Waglay, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, General, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Orders, Resolving disputes (LRL 3), Specific performance, Statutes (LRL 2)-work, Topics | 0 |

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LRA 189A(13): Interpreted and applied

by GilesFiles | Dec 18, 2017 | 2017, Courts, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Resolving disputes (LRL 3), Roland Sutherland, Statutes (LRL 2)-work, Topics | 0 |

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Disrupting disciplinary inquiry: Valid and fair reason to dismiss

by GilesFiles | Dec 18, 2017 | 2017, Conduct & capability, Courts, Gross misconduct, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Municipal, Resolving disputes (LRL 3), Risks, Roland Sutherland, Sectors, Sidumo - see also awards s 145, Termination (LRL 8), Trust & confidence | 0 |

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Severance package interpreted: Purposive approach

by GilesFiles | Dec 15, 2017 | 2017, BCEA 77(3) & 77A(e), Causes and defences, Courts, Interpretation etc, Judges, Labour Appeal Court, LAC judges, Legislation, Roland Sutherland, Sectors | 0 |

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Reasonable instruction lawful: Insubordination fair reason

by GilesFiles | Nov 30, 2017 | 2017, Appeals, Awards -s145 see also Sidumo, Causes and defences, Courts, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Neutral selection criteria: Apply LIFO with skills and experience

by GilesFiles | Nov 30, 2017 | 2017, Appeals, Courts, Judges, Labour Appeal Court, Labour Relations, LRA 1995, Operational reasons, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8) | 0 |

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Rehearing order: Labour court’s order reasonable

by GilesFiles | Nov 28, 2017 | 2017, Conduct & capability, Courts, Evidence & onus, Hearing procedure, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Legal Practice, Resolving disputes (LRL 3), Sectors, Termination (LRL 8), Topics | 0 |

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Prescribed interest rate: Date of commencement

by GilesFiles | Nov 21, 2017 | 2017, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Legislation, Resolving disputes (LRL 3), Termination (LRL 8), Topics | 0 |

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Derivative conduct: Collective misconduct?

by GilesFiles | Nov 21, 2017 | 2017, Causes and defences, Collective action, Conduct & capability, Courts, Derivative action, F Kathree-Setiloane, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Power plays (LRL 6), Resolving disputes (LRL 3), Risks, Strike - protected, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute | 0 |

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Poor work performance: Confusion split LAC decision

by GilesFiles | Nov 21, 2017 | 2017, Appeals, Conduct & capability, Courts, Insubordination, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LP Tlaletsi, Poor performance, Resolving disputes (LRL 3), Retired judges, Review tests, Risks, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Contractual validity: When writing embodies a contract

by GilesFiles | Nov 1, 2017 | 2017, Anton Steenkamp, B Waglay, Causes and defences, Central, Interpretation etc, Judges, Labour Appeal Court, Legal Practice, Sectors, Settlement agreements, Thought Leaders | 0 |

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Legality grounds: LRA s158(1)(h) review granted

by GilesFiles | Nov 1, 2017 | 2017, Bill of Rights, Courts, Deemed, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LC Rules, Legality principle, Legislation, LRA 1995, Provincial, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Category: 2017