LAC judges Archives | GilesFiles

Reinstatement order upheld: Exceptional circumstances?

by GilesFiles | Jul 23, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Invalid or unfair reason, 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, Private enterprises, Refused, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics, Trust and confidence | 0 |

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Contemplating operational termination: Jinchuan model

by GilesFiles | Jul 21, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, 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, Mining, Operational requirements-s189, Orders, Orders re costs, Parties, Private enterprises, Refused, Sectors, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 0 |

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Reversing disciplinary sanction: Consistent fair application

by GilesFiles | Jul 2, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Reviewing compensatory awards: Job creation programme

by GilesFiles | Jul 2, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Compensation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, 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, Municipal, Orders, Organs of state, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Temporary employment services - 198, Termination & dismissal (LRL 8), Topics | 0 |

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Agency shop agreement: Requirements for validity

by GilesFiles | Jun 29, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Collective agreements, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Objective or correct, Orders, Parties, Private enterprises, Refused, Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Unreasonable renewal expectation: Employer’s appeal upheld

by GilesFiles | Jun 29, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Duty to begin, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, Granted, Judges, Kate Savage, 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, Objective or correct, Orders, Parties, Reasonable expectation, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Transport & communication | 0 |

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Collective misconduct reconsidered: Intended harm proved

by GilesFiles | Jun 23, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Cause: delict, Circumstantial, Common Law, Construction industry, Corroboration, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Gross misconduct, Interpretation and application, Judges, Just and equitable relief, Kate Savage, 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, Orders, Parties, Power plays (LRL 6), Refused, Sectors, Statutes (LRL 2) - work law, Strike - unprotected, Summary - generally, Termination & dismissal (LRL 8), Topics, Totality, Trade unions | 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,...

Post-retirement benefits: Discretionary policy or practice

by GilesFiles | Jun 2, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Granted, Judges, Just and equitable relief, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8b: s185-186(2) Labour practices, Onus of proof, Operational requirements-s189, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 0 |

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Pre-trial minute crucial: Narrowing of issues

by GilesFiles | May 31, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Conduct or capacity, Construction industry, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Gross misconduct, Interpretation and application, 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, Orders, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 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,...

Lifting corporate veil: Absence of gross abuse

by GilesFiles | May 31, 2021 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, Cause: general, Cause: statute, Common Law, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Granted, Hospitality, Interpretation and application, Joinder of parties, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Private enterprises, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Applying parity principle: Exercise caution

by GilesFiles | May 26, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Condonation, Conduct or capacity, Courts, Dennis Davis, Dispute Resolution (LRL 3), Government, Granted, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Organs of state, Parties, Procedural issues, Provincial, Refused, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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,...

Deemed discharge considered: Reinstatement after acquittal?

by GilesFiles | May 25, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Central, Courts, deeming provision, Discharged on account, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Lawfulness, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Objective or correct, Operation of law, Orders, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Summary - generally, 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: LAC judges