Work Science Institute Archives

Bumping principles considered: Substantial compensation awarded

by GilesFiles | Apr 11, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 1997 (LRL 10), Bumping, Causes and defences, Compensation, Costs, Courts, Declaratory, Dignity equality freedom, Granted, Hospitality, ILO Convention 158/1982, ILO Conventions, 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, Private enterprises, Resolving disputes (LRL 3), Restructuring, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Severance pay, 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,...

Bargaining council agreement: Allowing employer exemptions

by GilesFiles | Apr 9, 2025 | 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Applications, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Common law, Consumer protection, Courts, Declaratory, Free and fair, granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Management, Markets in SA, Objective - correctness, Orders, Organisations (LRL 4), Parties, Pay differentials, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication, 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,...

Extending agreement to non-parties: Novel arguments considered

by GilesFiles | Apr 3, 2025 | 2020 onwards, Causes and defences, Costs, Courts, ILO Conventions, 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, Markets in SA, Orders, Parties, Reforms required, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

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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 |

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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 |

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Interpreting collective agreement: Different work categories

by GilesFiles | Jan 30, 2025 | 2020 onwards, Causes and defences, Collective Bargaining (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,...

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,...

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...

Downgrading posts considered: Insufficient evidence

by GilesFiles | Dec 18, 2024 | 2020 onwards, AB1 - Fairness principle or concept, AF - Internal equity external parity, Causes and defences, Central, Connie Prinsloo, Courts, Declaratory, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Objective - correctness, Orders, Parties, Pay differentials, Pay progression, Performance, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State, 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,...

Performing poorly and conduct: Valid and fair dismissal reason

by GilesFiles | Dec 6, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Causes and defences, Consistency element, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, 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, Manufacturing, Mining, Misconduct & incapacity, MPN Nkutha-Nkontwana, Objective - correctness, Operational reasons, Orders, Parties, Performance, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, 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,...

Misconstruing averments nature: Conduct or capacity?

by GilesFiles | Nov 21, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Consistency element, Contractual breach, Courts, Declaratory, Disciplinary action, Evidence & onus, Insights, Insubordination, 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, Performance, Personal services, Private enterprises, Protect not punish, Resignations, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings, Work Science Institute, 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,...

Category: Work Science Institute