LAC judges Archives

Retrospective reinstatement ordered: Assess independently?

by GilesFiles | May 10, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence | 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,...

Irregular review process: Trial by ambush

by GilesFiles | Mar 17, 2022 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Finance, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, P Coppin, Parties, Private enterprises, Review tests, Rules, 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,...

Genuine meaningful consultation: Consider alternatives

by GilesFiles | Mar 16, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Courts, Disallowed, Dispute Resolution (LRL 3), 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, LRA Chpt: 8a: s189 and 189A see Termination, Not awarded, Operational requirements-s189, Orders, Orders re costs, Parties, Personal services, Private enterprises, Procedural issues, 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,...

Translating grade posts: Relevant experience considered

by GilesFiles | Mar 10, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Causes of action, Courts, Disallowed, Dispute Resolution (LRL 3), Employment equity, Equal pay & value, Evidence and onus, Exceptions/special pleas, Government, Inherent requirements, Insights, Interpretation and application, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Value exchange | 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,...

Unfair dismissal reason: Reinstatement primary remedy

by GilesFiles | Mar 8, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Banks, Courts, Dispute Resolution (LRL 3), Evidence and onus, Finance, Gross misconduct, Interpretation and application, 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, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 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,...

Night shift cancelled: Unfair reason to dismiss

by GilesFiles | Feb 10, 2022 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Disallowed, Dispute Resolution (LRL 3), 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, Orders re costs, P Coppin, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Strike related, 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,...

Sexual harassment deplored: Review principles confirmed

by GilesFiles | Jan 27, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Government, Gross misconduct, Harassment & bullying, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, 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,...

Good faith duty: Moonlighting employee

by GilesFiles | Jan 18, 2022 | 2020 +, 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Awards -s145, Causes of action, Clear and convincing, Contractual breach, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Gross misconduct, Holistic evaluation, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Roman Dutch law principles, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Trade, Trust and confidence, 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,...

Award made order: Trust and trustees bound

by GilesFiles | Jan 18, 2022 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, General, Interpretation and application, Joinder of parties, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rules, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, P Coppin, Parties, Plascon-Evans rule, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics, Transport & communication, Uniform High Court | 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,...

Compulsory arbitration agreement: compliance required

by GilesFiles | Dec 13, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Arbitration agreement, Causes of action, Contractual breach, Courts, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Finance, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, 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, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Private arbitration, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, staying proceedings and execution, 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,...

Salary award misconceived: Set aside on appeal

by GilesFiles | Dec 10, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Capacity, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Government, Ill health and illness, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, 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,...

Abusing authorised leave: Dishonesty destroyed trust

by GilesFiles | Dec 10, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Courts, Dennis Davis, Dispute Resolution (LRL 3), 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, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade, Trust and confidence, 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,...

Category: LAC judges