Labour Court judges Archives

Outsourcing functions considered: No going concern

by GilesFiles | Sep 8, 2020 | 2020, Applications, Appointed LC judges, BM Whitcher, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Orders, Parties, Private enterprises, Sectors, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Balancing competing interests: Compensate not reinstate

by GilesFiles | Sep 4, 2020 | 2020, Appointed LC judges, Compensation, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Hospitality, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Parties, Review tests, RGO Lagrange, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 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,...

Appointing facilitator considered: CCMA and consultation

by GilesFiles | Sep 2, 2020 | 2020, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Employee assistance program: Premature dismissal

by GilesFiles | Aug 27, 2020 | 2020, Appointed LC judges, Awards -s145, Capability or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Ill health and illness, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Orders, Parties, Private enterprises, Reinstatement, Review tests, RGO Lagrange, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Repudiating employment contracts: Trust and confidence

by GilesFiles | Aug 18, 2020 | André van Niekerk, Cause: contractual breach, Cause: statute, Common Law, Con 158 (1982), Dispute Resolution (LRL 3), ILO Conventions, Insights, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Markets in SA, philosophy / economics, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thought Leaders, Topics, Uncategorized | 0 |

During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November...

Unpaid employment benefits: Default judgment rejected

by GilesFiles | Aug 18, 2020 | 2020, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Special pleas, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics | 0 |

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Appeal outcome disputed: Interpretation of contract

by GilesFiles | Aug 13, 2020 | 2020, Applications, Appointed LC judges, Associations, BCEA 77(3) and 77A(e), Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 0 |

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Rule 11 application: Compliance with Rules

by GilesFiles | Jul 31, 2020 | 2020, Acting LC judges, Applications, Central, Condonation, Courts, Dispute Resolution (LRL 3), Granted, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics, Transport & communication | 0 |

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Recognition agreement cancelled: Invalid union membership

by GilesFiles | Jul 20, 2020 | 2020, Applications, Appointed LC judges, C Prinsloo, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Universities and schools | 0 |

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Suspension without pay: Unfair conduct compensated

by GilesFiles | Jul 15, 2020 | 2020, Acting LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), 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,...

Dismissing poor performers: Valid and fair reason

by GilesFiles | Jun 26, 2020 | 2020, Appointed LC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Ill health and illness, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Parties, Performance related, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

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Intolerable continued employment: Queen bee syndrome

by GilesFiles | Jun 19, 2020 | 2020, André van Niekerk, Appointed LC judges, Associations, Attorney client scale, Constructive, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Non-profit organisations, Objective or correct, Orders re costs, Parties, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Category: Labour Court judges