Labour Court Archives

Dismissing poor performers: Valid and fair reason

by GilesFiles | Jun 26, 2020 | 2020, 99 Service activities other, Appointed LC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Ill health and illness, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Parties, Performance related, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

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Virtual consultation process: Procedural unfairness?

by GilesFiles | May 28, 2020 | 2020, 30 Manufacture food beverages, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), GN Moshoana, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Operational reasons-189A, Parties, Private enterprises, Procedural issues, Refused, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Business rescue plan: Unfair dismissal procedure?

by GilesFiles | May 8, 2020 | 2020, 73 Transport air, André van Niekerk, Applications, Appointed LC judges, Associations, Companies Act 71 of 2008, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Insights, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Markets in SA, Operational process -s189A(13), Operational reasons-189A, Orders, Parties, philosophy / economics, Procedural issues, Risks, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Urgency | 0 |

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Virus practice code: Mining and Covid-19

by GilesFiles | May 4, 2020 | 2020, 21 Mining of coal & lignite, 22 Extraction crude petroleum, 23 Mining gold & uranium, 24 Mining metal ores, 25 Other mining & quarrying, 29 Mining incidental services, André van Niekerk, Applications, Appointed LC judges, Bill of Rights, Biowatch principle, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Government - central, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organisations (LRL 4), PAJA 2000, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 0 |

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Costly withdrawn application: PPE for health workers

by GilesFiles | Apr 11, 2020 | 2020, 93 Health social work, Applications, Appointed LC judges, BM Whitcher, Courts, Covid-19 issues, Declaratory, Dispute Resolution (LRL 3), Government - central, Insights, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, punitive costs, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Urgency | 0 |

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Commissioner misconduct considered: Reviewable ground?

by GilesFiles | Mar 13, 2020 | 2020, Acting LC judges, Arbiter misbehaving, Awards -s145, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government - municipal, Government - provincial, Government: Municipal, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Performance related, Plascon-Evans rule, Procedural issues, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Deregistration temporarily halted: Pending appeal outcome

by GilesFiles | Mar 10, 2020 | 2020, 99 Service activities other, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Government - central, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Organisations (LRL 4), Parties, RGO Lagrange, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Voluntary separation packages: Procedurally fair

by GilesFiles | Mar 5, 2020 | 2020, 75 Post telecommunication, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Operational reasons-189A, Organs of state, Parties, Refused, RGO Lagrange, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Scarce skills allowance: Award set aside

by GilesFiles | Mar 4, 2020 | 2020, 91 Public administration defence, 99 Service activities other, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Bonus-discretionary, Courts, Dispute Resolution (LRL 3), Government - central, Insights, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Management, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Review tests, Rulings - s158(1)(g), Scarce skills allowances, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 0 |

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Striking matter off: Urgency lacking

by GilesFiles | Mar 3, 2020 | 2020, 99 Service activities other, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Private enterprises, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Struck off, Topics, Urgency | 0 |

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Grossly irregular award: Negligence serious

by GilesFiles | Mar 3, 2020 | 2020, 73 Transport air, 99 Service activities other, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Evidentiary burden, Factual disputes, Gross misconduct, Hearsay, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Law of Evidence Amendment Act 45 of 1988, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Onus of proof, Organs of state, Parties, Performance related, Review tests, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason | 0 |

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Inherent job requirements: Discrimination not proved

by GilesFiles | Mar 3, 2020 | 2020, 99 Service activities other, Applications, Appointed LC judges, Bill of Rights, Courts, Daphne Mahosi, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Government - central, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Category: Labour Court