Policies - all Archives

Distinguishing pay and income: Section 27 of Employment Equity Act

by GilesFiles | Jun 18, 2025 | AB1 - Fairness principle or concept, AH05 - EEA, AU - ChatGPT, Equal pay and value, Insights, Management, Policies - all, Work Science Institute | 0 |

Distinguishing pay and income: Section 27 of Employment Equity Act In the context of section 27 of the Employment Equity Act 55 of 1998 (EEA) in South Africa, which deals with income differentials and disproportionate income...

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,...

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 - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Declaratory, Disciplinary action, Evidence & onus, 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, 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...

Code of Good Practice: Dismissal: Suggested version 2025

by GilesFiles | Feb 15, 2025 | AB - Law generally, AH08 - 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...

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 |

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,...

Flouting appointments policy: Unconstitutional and unlawful

by GilesFiles | Dec 23, 2024 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Central, Connie Prinsloo, Costs, Courts, Declaratory, Government, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Suspensions, 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,...

Binding nature of recommendation: Non-binding policy

by GilesFiles | Dec 20, 2024 | 2020 onwards, AB - Law generally, Awards -s145 see also Sidumo, Causes and defences, Courts, Declaratory, Evidence & onus, 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, Managerial prerogative, Orders, Parties, Policies - all, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, TC Gandidze, 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,...

Age-based discrimination: Section 187(2)(b) of LRA?

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Granted, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Markets in SA, Notice requirements, Operation of law, Orders, Parties, philosophy / economics, Policies - all, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retired judges, Retirement, Review tests, RMM Zondo, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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,...

Genuine operational requirements: University status

by GilesFiles | Oct 16, 2024 | 2020 onwards, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AH02a - LC rules current, Applications, Balancing interests, Bill of Rights, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), Evidence & onus, False assumptions, Inherent requirements, 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, Personal services, Pleadings: amending, Policies - all, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Training authorities, 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,...

Retrospective promotion ordered: Translation of posts

by GilesFiles | Apr 18, 2024 | 2020 onwards, AF - Internal equity external parity, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Insights, Interpretation etc, Job evaluation and grading, 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, 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, Protect not punish, 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,...

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