False assumptions Archives

Promotion defined and assessed: Pay or grade progression?

by GilesFiles | Mar 1, 2024 | 2020 onwards, AF Internal equity external parity, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), False assumptions, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Pay differentials, Pay progression, Performance, Policies - all, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Scarce skills allowances, Sean Snyman, Sectors, Selected judges, Seven occupational levels, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, 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,...

Valid and fair reason: Related to conduct

by GilesFiles | May 23, 2023 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, False assumptions, GN Moshoana, Hospitality, Insights, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Thresholds, Topics, Trade, 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,...

Freedom to negotiate: Allow employees to do so

by GilesFiles | May 15, 2023 | AA Insights resources, AB Insights law, False assumptions, Free and fair, Insights, Legislation, Management, Markets in SA, Reforms required | 0 |

Over the past few months news headlines have been dominated by the power crisis, while this is understandable given its fundamental importance to the economy, we should not lose sight of the unemployment crisis. In fact these...

Prematurely terminating employment: Retirement age?

by GilesFiles | May 5, 2023 | AB Insights law, AUD, Bill of Rights, Causes and defences, CCMA awards, CCMA members, Conduct & capability, Contractual breach, Courts, Declaratory, Evidence & onus, False assumptions, Fixed-term, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA C: 133-150 CCMA, Management, Operation of law, Orders, Parties, Personal services, Policies - all, Protectable interests, Public policy, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

RE / University of Fort Hare Prematurely terminating employment  Essence Prematurely terminating employment  Decision (ECEL39-23) [2023] 7 BALR 756 (CCMA) (5 May 2023) Order: [39] The respondent is ordered to reinstate...

Unreasonableness and detecting flaws: Award upheld

by GilesFiles | Feb 8, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Evidence & onus, False assumptions, Finance, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, 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,...

Tactics for union negotiators: Bargaining process

by GilesFiles | Feb 6, 2023 | AA Insights resources, Checklists, False assumptions, Fun and Games, Insights, Management | 0 |

From about 1976 onwards when management in South Africa began recognising trade unions for the purposes of collective bargaining it was falsely assumed that all such negotiations would be conducted in good faith. When Halton...

Employer vicariously liable: False racial harassment

by GilesFiles | Jan 10, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, False assumptions, Government, Harass & bully, Irregular proceeding, 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, Management, MPN Nkutha-Nkontwana, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Vicarious liability | 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,...

Inherent job requirements: Service length arbitrary?

by GilesFiles | Aug 22, 2022 | 2020 onwards, AF Internal equity external parity, Allowed, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, CCMA Rules, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, False assumptions, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v Fawu Why is the binding ILO Convention 111 seemingly ignored when considering defence of inherent job requirements in context of discrimination? “[24] Accordingly, the...

Security clearance denied: Termination of employment

by GilesFiles | Oct 15, 2019 | 2019, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Courts, Edwin Tlhotlhalemaje, False assumptions, Impossible or illegal, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operation of law, Parties, Provincial, Resolving disputes (LRL 3), Roman Dutch law, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Urgency | 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,...

Security clearance denied: Impossibility or incapacity?

by GilesFiles | Nov 27, 2018 | 2018, Causes and defences, Central, Compatible & competent, Conduct & capability, Courts, False assumptions, Impossible or illegal, Inherent requirements, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, LRA 8a: 185-197B Dismissal, MV Phatshoane, Operation of law, Resolving disputes (LRL 3), Risks, Roman Dutch law, 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,...

Performance obligations impossible: Must be absolute

by GilesFiles | Jul 29, 2016 | 2016, Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, False assumptions, General, High Court, High Court judges, Impossible or illegal, Judges, Jurisdiction & powers, Legal Practice, Orders, PA Meyer, philosophy / economics, Roman Dutch law, Specific performance, Topics | 0 |

Unlocked Properties 4 (Pty) Ltd v A Commercial Properties CC Performance obligations impossible only when the performance is absolute and brought about by vis major or casus fortuitous and then it could excuse performance but it...

Mistaken common assumptions: Legal consequences?

by GilesFiles | Mar 25, 2002 | 2014 and earlier, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, False assumptions, General, Impossible or illegal, Judges, Legal Practice, Orders, Parties, Private enterprises, Retired judges, Roman Dutch law, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Van Reenen Steel (Pty) Ltd v Smith NO Mistaken common assumptions considered by SCA and agreed that ‘a common mistake relating to the existence of a particular state of affairs will not render the contract void unless it can be...

Category: False assumptions