Category: P Tlaletsi

Conflicting versions: Credibility and balancing probabilities

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Poor work performance: Confusion split LAC decision

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Valid operational reasons: overlapping fairness rights

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Tarping duties: Truck drivers’ contractual duties considered

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Deemed employment: Placed workers LRA 198A(3)(b)(i)

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CCMA jurisdiction: Cause of action determined by referral

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Deemed dismissal: Absence of jurisdictional requirements

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Collective settlement agreement: Extended to non-parties

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Retrieving archived file: Labour Court Practice Manual

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Fixed-term eventuality: No dismissal when contract ends

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Lay-off and short-time in collective agreement

Vanchem/Vanachem Vanadium Products (Pty) Ltd v Numsa (JA33/16) [2016] ZALAC 62 ; (2017) ILJ 926 (8 December 2016) per Tlaletsi DJP (Coppin and Landman JJA concurring) The LAC allowed the employer’s appeal and set aside the...

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Adduce proper evidence: During arbitration hearing

The LAC disallowed the employer’s appeal and upheld the judgment of Steenkamp J who reviewed and declined to set aside an award.  The test of reasonableness was applied and it was held the award fell within a range of reasonable...

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