Policies - all Archives

Retrospective promotion ordered: Translation of posts

by GilesFiles | Apr 18, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Insights, Interpretation etc, Job evaluation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, Management, Orders, Parties, Pay differentials, Pay progression, Policies - all, Provincial, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

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,...

Performance management policy: Backdating and misrepresentation

by GilesFiles | Jan 9, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Courts, Declaratory, 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, Performance, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State Owned Enterprises, 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,...

Terminating employment contracts: ILO Convention 158 & Experts Committee

by GilesFiles | Jan 3, 2024 | AA - Resources generally, AH - Labour Legislation, AL - ILO, Causes and defences, Conduct & capability, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, ILO’s supervisory bodies, Insights, Labour Relations, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, LRA Sch 8: GP Code, Management, Operational reasons, Performance, Policies - all, Reports, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings, Work Science Institute | 0 |

Note on Convention No. 158 and Recommendation No. 166 concerning termination of employment Contents Preface. 1 Part I. Content of Convention No. 158 and Recommendation No. 166. 1 Definitions and concepts. 1 Termination. 1...

Collective bargaining process: Undermining considered

by GilesFiles | Nov 23, 2023 | 2020 onwards, Applications, Causes and defences, Collective Bargain (LRL 5), Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Hospitality, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Orders, Parties, Performance, Policies - all, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Stated case, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Evaluating job grading: Demotion or promotion?

by GilesFiles | Nov 8, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Insights, Interpretation etc, Job evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8b: 185-186(2) Practices, Management, Objective - correctness, Orders, Parties, Pay differentials, Policies - all, Provincial, Re-grading, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, 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,...

Alleged cultural discrimination: Inherent job requirements

by GilesFiles | Jun 27, 2023 | 2020 onwards, AB - Law generally, AUD, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Covid-19 issues, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), H Rabkin-Naicker, Hearing procedure, ILO Convention 111/1958, ILO Conventions, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Policies - all, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Selected judges, 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,...

Zero tolerance policy: Range of responses

by GilesFiles | May 29, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Disciplinary action, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Mining, Orders, Parties, Policies - all, 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, 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,...

Prematurely terminating employment: Retirement age?

by GilesFiles | May 5, 2023 | AB - Law generally, 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...

Unequal pay determined: Arbitrary grounds

by GilesFiles | Apr 18, 2023 | AF - Internal equity external parity, Applications, Bill of Rights, Causes and defences, CCMA awards, CCMA members, Conduct & capability, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Operational reasons, Orders, Parties, Pay differentials, Performance, Policies - all, Provincial, Re-grading, Resolving disputes (LRL 3), Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

MH v Department of Education – Eastern Cape When will unequal pay be determined as grossly unfair and discriminatory base simply on arbitrary grounds of background and education? “[27] The discriminatory conduct, given the...

Financial services broker: Breach of trust

by GilesFiles | Apr 17, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Finance, Gross misconduct, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, LRA Sch 8: GP Code, Management, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Senior management positions: Relevant experience?

by GilesFiles | Apr 3, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Disciplinary action, District, Government, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Management, Municipal managers, Orders, Parties, Policies - all, Poor performance, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutory, Termination (LRL 8), Topics, Trust & confidence, Uniform HC, 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,...

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