LAC judges Archives | GilesFiles

Long service disregarded: Review test enforced

by GilesFiles | Sep 7, 2020 | 2020, Appeals, Appointed LAC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, MV Phatshoane, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 0 |

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Mental health illness: Depression and discrimination

by GilesFiles | Jul 21, 2020 | 2020, Acting LAC judges, appeal, Appeals, Automatically unfair - s187, Capability or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Duty to begin, Evidence and onus, Evidentiary burden, Granted, Ill health and illness, Insubordination, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 0 |

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Subpoena duces tecum: Derived from LRA s142(1)(b)

by GilesFiles | Jul 15, 2020 | 2020, Acting LAC judges, appeal, Appeals, Bargaining councils, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Protection of Personal Information, Refused, Review tests, Rules and practice manuals, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Totality | 0 |

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Support staff excluded: Beyond Council’s jurisdiction

by GilesFiles | Jul 14, 2020 | 2020, Appeals, Appointed LAC judges, Bargaining councils, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Granted, Judges, Jurisdiction and powers, Labour Appeal Court, Labour court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, MV Phatshoane, Orders, Organisations (LRL 4), Parties, Rules and practice manuals, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Business rescue practitioners: Contemplated operational dismissals

by GilesFiles | Jul 9, 2020 | 2020, Airline pilots, appeal, Appeals, Appointed LAC judges, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MV Phatshoane, Operational reasons-189A, Operational requirements-s189, Orders, Parties, Procedural issues, Refused, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Providing benefits considered: CCMA lacked jurisdiction

by GilesFiles | Jun 25, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Objective or correct, Orders, Parties, Refused, Review tests, Roland Sutherland, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Strike ballot requirement: Strike not unprotected

by GilesFiles | Jun 25, 2020 | 2020, Acting LAC judges, appeal, Appeals, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), erroneously granted, Granted, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Manufacturing, Objective or correct, Orders, Parties, Power plays (LRL 6), Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 0 |

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Dismissal powers considered: Who is the employer?

by GilesFiles | Jun 25, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Central, Courts, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Orders, Organs of state, Parties, Refused, Roland Sutherland, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Reinstating withdrawn review: Business rescue context

by GilesFiles | Jun 24, 2020 | 2020, Acting LAC judges, appeal, Appeals, Courts, Declaratory, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Workplace shut down: Intimidation and fair dismissal

by GilesFiles | May 29, 2020 | 2020, Appeals, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Power plays (LRL 6), Review tests, Roland Sutherland, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics | 0 |

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Dismissal separate proceedings: Adjudicate and arbitrate

by GilesFiles | May 28, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Automatically unfair - s187, Courts, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Incompatibility, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Non-profit organisations, Orders, Parties, Refused, Res judicata, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Punitive costs considered: Right to be heard

by GilesFiles | May 28, 2020 | 2020, Acting LAC judges, appeal, Appeals, Attorney client scale, Courts, De bonis propriis, Dispute Resolution (LRL 3), Granted, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, punitive costs, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Category: LAC judges