AB1 - Fairness principle or concept Archives

TASK agreement back-pay: Standing and granted relief

by GilesFiles | Oct 31, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Equal pay and value, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, Management, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), SCA judges, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics, Work Science Institute | 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,...

Terminating employment on notice: Constitutional question?

by GilesFiles | Oct 17, 2025 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

Terminating employment on notice South African labour laws allow employment contracts to be terminated on notice but only employers have to provide a valid and fair reason related to conduct or capacity or based on operational...

Regrading and advancement report: Proper remedy?

by GilesFiles | Oct 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Awards -s145 see also Sidumo, Causes and defences, Consistency element, Courts, Declaratory, Discrimination (LRL 11), Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Legitimate expectations, LRA 08b: 185-186(2) Practices, LRA 1995, Metro, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Terms & conditions, 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,...

Three-interest framework: Applying employment law

by GilesFiles | Sep 18, 2025 | AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

Is it correct that in any employment related issues especially termination not only the interests of the parties are important but also those of the enterprise itself? In South African labour law (and more broadly), when dealing...

Insubordination or insolence: Not unreasonable award

by GilesFiles | Sep 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Conduct & capacity, Conduct unbecoming, Construction industry, Contractual breach, Courts, Declaratory, False assumptions, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Reviewing arbitration awards: Risk management response

by GilesFiles | Sep 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Management, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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 necessity justification: Trust relationship eroded

by GilesFiles | Aug 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Granted, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Conduct related dismissals: Valid and fair reasons

by GilesFiles | Aug 6, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Managerial prerogative, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Rob Stelzner, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Termination of employment principles: Statutory compliance

by GilesFiles | Aug 2, 2025 | AB1 - Fairness principle or concept, AU - ChatGPT, ILO Convention 158/1982, Insights, Managerial prerogative | 0 |

Knowing and applying the LRA, BCEA, and EEA when terminating employment protects employers from legal, financial, and reputational risks while promoting fairness, compliance, and good labour relations. It is crucial for...

Total failure of justice: Breached rule of law

by GilesFiles | Jul 31, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, 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,...

Excepting to claim statement: Legal fees forfeited

by GilesFiles | Jun 19, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AH02a - LC rules current, AH08 - Good Practice, Applications, BCEA 77(3) & 77A(e), Causes and defences, Costs, Courts, Declaratory, Exceptions/special pleas, General, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 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,...

Distinguishing pay and income: Section 27 of Employment Equity Act

by GilesFiles | Jun 18, 2025 | AB1 - Fairness principle or concept, AH05 - EEA, AU - ChatGPT, Equal pay and value, Insights, Management, Policies - all, Work Science Institute | 0 |

Distinguishing pay and income: Section 27 of Employment Equity Act In the context of section 27 of the Employment Equity Act 55 of 1998 (EEA) in South Africa, which deals with income differentials and disproportionate income...

Category: AB1 – Fairness principle or concept