AB1 - Fairness principle or concept Archives

ILO Convention 158 & LRA: (in)capacity and (mis)conduct.

by GilesFiles | Jun 6, 2025 | AA - Resources generally, AB - Law generally, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AJ - General, Conduct & capacity, ILO Convention 158/1982, ILO Conventions, Insights, Lawfulness & fairness, Performance, Risks, Termination (LRL 8), Trust & confidence | 0 |

Probationary or trial periods: Executive summary Discussion of the concept of probationary periods for employees and the legal considerations related to dismissals during this period. It draws comparisons between South African...

Upholding reinstatement award: Final warning sufficient

by GilesFiles | Jun 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, BC and HOAs, Causes and defences, Community schemes, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Non-profit organisations, Orders, Parties, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings | 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 arbitration award: Jurisdictional issues considered

by GilesFiles | Jun 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, André van Niekerk, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Condonation, Contractual breach, Courts, Declaratory, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Unlawful and void | 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,...

Breaching picketing rules: Some reinstated retrospectively

by GilesFiles | May 28, 2025 | 2020 onwards, AB1 - Fairness principle or concept, André van Niekerk, Appeals, Appeals - leave, Balancing interests, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Conduct - gross, Contractual breach, Courts, Declaratory, Disciplinary action, Insights, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 4: 64-77 Strikes, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, 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,...

Aligning 7 occupational levels: Rugby team analogy

by GilesFiles | May 22, 2025 | AB - Law generally, AB1 - Fairness principle or concept, AU - ChatGPT, Insights, Management, Seven occupational levels | 0 |

Converting current controversial seven occupational levels to comply with concepts of equity and fairness Aligning 7 occupational levels with positions in a rugby team is a fun and meaningful way to illustrate how roles in an...

Unfair dismissal reason: Validity and fairness concepts

by GilesFiles | May 8, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Balancing interests, Bill of Rights, Causes and defences, ConCourt judges, Conduct & capacity, Conduct unbecoming, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Disciplinary action, Evidence & onus, False assumptions, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Lawfulness & fairness, leave to appeal, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Orders, Parties, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings, 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,...

Disproportionate pay differentials: 7 occupational levels

by GilesFiles | Apr 25, 2025 | AB - Law generally, AB1 - Fairness principle or concept, AH05 - EEA, Equal pay and value, False assumptions, Insights, Job evaluation and grading, Management, Pay differentials, Pay progression, Seven occupational levels, Work Science Institute | 0 |

📘 TITLE: Fair Pay Across Job Levels A Summary of Willem Albertus Liebenberg’s Master’s Thesis (2023) 📍 UNIVERSITY: Stellenbosch University – Faculty of Economic and Management Sciences 🎓 Degree: Master of Commerce 📅 Date:...

Awarding punitive costs: Failing to provide reasons

by GilesFiles | Apr 24, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, General, Hospitality, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private enterprises, Sectors, Selected judges, Topics | 0 |

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Applying policies correctly: Terminating practising privileges

by GilesFiles | Apr 15, 2025 | 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, AK - Health & Safety, Applications, Balancing interests, Causes and defences, Conduct unbecoming, Consumer protection, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, Personal services, Policies - all, Private enterprises, Reinstatement, Rules Codes & Manual, Sectors, 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,...

Arbitrary wage discrimination: Rational wage differential?

by GilesFiles | Apr 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, EEA 1998, EEA Chpt II ss 5-11, EEA Codes, Employ Equity (LRL 12), Equal pay and value, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Managerial prerogative, Manufacturing, Objective - correctness, Orders, Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Bumping principles considered: Substantial compensation awarded

by GilesFiles | Apr 11, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 1997 (LRL 10), Bumping, Causes and defences, Compensation, Costs, Courts, Declaratory, Dignity equality freedom, Granted, Hospitality, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Management, Managerial prerogative, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Bargaining council agreement: Allowing employer exemptions

by GilesFiles | Apr 9, 2025 | 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Applications, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Common law, Consumer protection, Courts, Declaratory, Free and fair, granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Markets in SA, Objective - correctness, Orders, Organisations (LRL 4), Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication, 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,...

Category: AB1 – Fairness principle or concept