LAC judges Archives | GilesFiles

Fixed term expired: Dismissal not proved

by GilesFiles | Mar 4, 2020 | 2020, 88 Business activities - other, 99 Service activities other, appeal, Appeals, Appointed LAC judges, B Waglay, Courts, Dismissal: defined, Dismissal: proof required, Dismissal: Reasonable expectation, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Fixed-term contracts, Granted, Hospitality, 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, Objective, Onus of proof, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination (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,...

Alternative offer refused: Severance pay forfeited

by GilesFiles | Mar 4, 2020 | 2020, 99 Service activities other, Acting LAC judges, appeal, Appeals, Awards -s145, Basic Conditions (LRL 10), Courts, Dismissal: Operational requirements - s189, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (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,...

Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020, abuse of process, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Courts, Discrimination (LRL 11), Dismissal: Conduct or capacity, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity Act 1998, Evidence and onus, F Kathree-Setiloane, Government - municipal, Government: Municipal, irregular proceeding, 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, New evidence, Objective, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, Termination (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,...

Demarcation award appeal: Creating enterprise groups

by GilesFiles | Feb 18, 2020 | 2020, 35 Manufacture of basic metals, 38 Manufacture transport equipment, appeal, Appeals, Appointed LAC judges, Bargaining councils, Competition, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Motor industry, Orders, Parties, Private enterprises, Refused, Roland Sutherland, Sectors, Statutes (LRL 2) - work law, Topics, Transportation | 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,...

Incompatibility or incapacity: Procedural unfairness compensated

by GilesFiles | Feb 11, 2020 | 2020, 74 Transport supporting auxiliary, 99 Service activities other, Acting LAC judges, appeal, Appeals, Compensation, Courts, Dismissal: Incompatibility, Dismissal: operational requirements, Dismissal: Procedural issues, Dispute Resolution (LRL 3), Granted, John Murphy, Judges, Just and equitable relief, 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, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination (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,...

Salary adjustment unauthorised: No contractual breach

by GilesFiles | Jan 6, 2020 | 2020, 91 Public administration defence, Appointed LAC judges, BCEA 1997, Cause: contractual breach, Common Law, Courts, Dennis Davis, Judges, Labour Appeal Court, LAC judges, Legal Practice, Parties, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, 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,...

Implied automatic clause: Fixed-term contract?

by GilesFiles | Jan 6, 2020 | 2020, 50 Construction, Acting LAC judges, Appeals, Cause: contractual breach, Common Law, Courts, Dismissal: general, Dismissal: lawfulness, Dismissal: operation of law, Dispute Resolution (LRL 3), Fixed-term contracts, 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, Objective, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination (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,...

Capricious unfair decision: Promotion confirmed

by GilesFiles | Jan 6, 2020 | 2020, 91 Public administration defence, Acting LAC judges, Appeals, Awards -s145, Cause: contractual breach, Cause: statute, Courts, Dispute Resolution (LRL 3), Government - central, John Murphy, 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, Parties, Promotion / demotion - 186(2)(a), Review tests, Sectors, State action - s158(1)(h), 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,...

Imssa conference photo: Circa 1986

by GilesFiles | Dec 14, 2019 | Fun and Games, Herman Nieuwoudt, Insights, John Murphy, Judges, NP Willis, Paul Benjamin, Paul Pretorius | 0 |

Some of the persons in the photo in no particular order and others to be added soon (still searching memory and seeking assistance): Justice John Murphy, Paul Pretorius SC, Mark Antrobus, John MacRobert, Charles Nupen, Bontle...

Valid reason unfair: Trivial conflicting interests

by GilesFiles | Dec 11, 2019 | 2019, 23 Mining gold & uranium, Appointed LAC judges, Awards -s145, B Waglay, Courts, Dismissal: invalid or unfair reason, 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, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (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,...

Precautionary suspension unfair: Compensation awarded

by GilesFiles | Dec 11, 2019 | 2019, 91 Public administration defence, Acting LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, F Kathree-Setiloane, Government - municipal, 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: 8a: s185-197B Dismissals, LRA Chpt: 8b: s185-186(2) Labour practices, Objective, Parties, Review tests, Sectors, 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,...

Unusual costs order: Successful legal practitioner

by GilesFiles | Dec 11, 2019 | 2019, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), erroneously granted, 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, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Parties, Roland Sutherland, Sectors, 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,...

Category: LAC judges