Managerial prerogative Archives

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,...

Examining fixed-term contract: Terminate on notice?

by GilesFiles | Apr 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Compensation, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Managerial prerogative, Orders, Parties, Personal services, Policies - all, Resolving disputes (LRL 3), Roman Dutch law, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, 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,...

Applying law and equity: When terminating employment

by GilesFiles | Mar 29, 2025 | AA - Resources generally, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, False assumptions, Insights, Management, Managerial prerogative | 0 |

Understanding the application of law and equity in employment termination disputes is crucial because courts often have to balance strict legal principles with fairness and justice in individual cases. In summary, law provides...

Model argument and award: Valid and fair dismissal reason

by GilesFiles | Mar 29, 2025 | AB1 - Fairness principle or concept, AL - ILO, Bill of Rights, Causes and defences, CCMA awards, Conduct unbecoming, Contractual breach, Declaratory, Disciplinary action, Evidence & onus, Gross misconduct, Harass & bully, ILO Conventions, Incompatibility, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Management, Managerial prerogative, Misconduct & incapacity, Orders, Parties, Performance, Policies - all, Private enterprises, Protect not punish, Risks, Sectors, Statutory, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute, Zero tolerance | 0 |

EMPLOYER MODEL ARGUMENT: Workplace bullying INTRODUCTION AND BACKGROUND 1. The employer employed a senior manager at a substantial annual salary and dismissed her on notice 8 months later. 2. The manager has challenged her...

Creating intolerable conditions: Constructive dismissal proved

by GilesFiles | Mar 28, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Associations/corporates, Bill of Rights, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Declaratory, Evidence & onus, General, Harass & bully, Hearsay, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Managerial prerogative, Objective - correctness, Orders, Parties, Personal services, Resignations, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

Assessing validity and fairness: Defiant insubordination

by GilesFiles | Mar 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Customary Law, Declaratory, Evidence & onus, Government, Gross misconduct, Insights, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules-new, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Managerial prerogative, MPN Nkutha-Nkontwana, Orders, Parties, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, State organs, 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,...

Legitimate operational justification: Competing for position?

by GilesFiles | Mar 4, 2025 | 2020 onwards, AB1 - Fairness principle or concept, 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, Managerial prerogative, Operational reasons, Orders, Parties, Personal services, 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,...

Reviewing substance and procedure: Arbitrator’s discretion?

by GilesFiles | Feb 18, 2025 | 2020 onwards, AB1 - Fairness principle or concept, 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, Managerial prerogative, Misconduct & incapacity, Orders, Parties, 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, Managerial prerogative, Orders, Parties, Personal services, 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,...

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, Managerial prerogative, Mining, Misconduct & incapacity, Orders, Parties, 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,...

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, Managerial 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...

Just cause and just because: Interpreted and applied in USA

by GilesFiles | Dec 23, 2024 | AB - Law generally, AB1 - Fairness principle or concept, AG - Legal research, AN - ILJ articles etc, AU - ChatGPT, Insights, Management, Managerial prerogative | 0 |

In the context of labour and employment law in the United States, the concepts of “just cause” and “just because” play critical roles in understanding the standards for employment decisions, particularly...

Category: Managerial prerogative