Management Archives - GilesFiles

Legitimate operational justification: Competing for position?

by GilesFiles | Mar 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AM - Reason: valid and fair, Applications, Balancing interests, BM Whitcher, Causes and defences, Courts, Declaratory, Evidence & onus, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Management, Operational reasons, Orders, Parties, Personal services, Prerogative, Private enterprises, Refused, Resolving disputes (LRL 3), Restructuring, Sectors, Selected judges, 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,...

Condoning late applications: Risk management response

by GilesFiles | Feb 25, 2025 | 2020 onwards, AM - Reason: valid and fair, Awards -s145 see also Sidumo, Causes and defences, Central, Condonation, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Gross misconduct, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Orders, Parties, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, State Owned Enterprises, 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 substance and procedure: Arbitrator’s discretion?

by GilesFiles | Feb 18, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AM - Reason: valid and fair, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Conduct unbecoming, Contractual breach, Courts, Declaratory, Government, Gross misconduct, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Orders, Parties, Prerogative, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Admitting surveillance evidence: Obtained lawfully

by GilesFiles | Feb 17, 2025 | 2020 onwards, Access to information, Applications, Bill of Rights, Causes and defences, Consumer protection, Courts, Declaratory, Delict, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Prerogative, Private enterprises, Risks, Rules Codes & Manual, Sectors, Statutory, 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,...

Code of Good Practice: Dismissal: Suggested version 2025

by GilesFiles | Feb 15, 2025 | AB - Law generally, AH8 - Codes of Good Practice, Insights, Management, Policies - all | 0 |

Code of Good Practice: Dismissal Modified version of draft as proposed by GilesFiles: 15 February 2025 Part A: Introduction Purpose Interpretation Small Businesses Part B: Dismissal 4. What Is Dismissal? Part C: Fair Dismissal...

Incapacity related termination: Injured on duty in mine

by GilesFiles | Feb 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Courts, Declaratory, Evidence & onus, Illness & injury, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Mining, Misconduct & incapacity, Orders, Parties, Prerogative, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Interpreting collective agreement: Different work categories

by GilesFiles | Jan 30, 2025 | 2020 onwards, Causes and defences, Collective Bargain (LRL 5), Contractual breach, Courts, Declaratory, Government, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Local, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Objective - correctness, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

Legitimate protectable interest: Enforcing restraint?

by GilesFiles | Jan 29, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Evidence & onus, Free and fair, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Management, Manufacturing, Markets in SA, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Restraints, Retired judges, Review tests, Rules Codes & Manual, 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,...

Renewing fixed-term contracts: Interim relief granted

by GilesFiles | Jan 21, 2025 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Applications, Bill of Rights, BM Whitcher, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Fixed-term, Government, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, LRA D: 151-166 LC, Management, Orders, Parties, Personal services, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rule nisi, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, 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,...

Paying performance bonus: Failure not unfair practice

by GilesFiles | Jan 9, 2025 | 2020 onwards, Causes and defences, Central, Contractual breach, Courts, Declaratory, Edwin Tlhotlhalemaje, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8b: 185-186(2) Practices, Management, Objective - correctness, Orders, Parties, Performance, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Summary termination of employment: “Cause recognised by law”

by GilesFiles | Jan 4, 2025 | AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AU - ChatGPT, Insights, Management, Prerogative, Work Science Institute | 0 |

In context of terminating employment contracts what is regarded as a cause recognised by law [BCEA s 37(6)(b)] as sufficient to deprive employees of statutory, agreed or reasonable notice of termination or payment in lieu...

Applying for trade restraint: Struck off roll

by GilesFiles | Jan 2, 2025 | 2020 onwards, Causes and defences, Costs, Courts, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Protectable interests, Resolving disputes (LRL 3), Restraints, Review tests, RGO Lagrange, Rules Codes & Manual, 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,...

Category: Management