Retired judges Archives

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,...

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,...

Substituting demarcation award: LRA s62 when permissible?

by GilesFiles | Dec 10, 2021 | 2020 +, appeal, Appeals, Applications, Bargaining councils, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Demarcations, Disallowed, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, P Tlaletsi, Parties, Private enterprises, Retired judges, Review tests, Rules, Rulings - s158(1)(g), Sectors, 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,...

Unauthorised legal proceedings: Overturned LC order

by GilesFiles | Oct 20, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Central, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Government, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organisations (LRL 4), Organs of state, Parties, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Training authorities, 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,...

Incorrectly translated post: Unfair demotion practice

by GilesFiles | Oct 11, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Central, Courts, Demotion - 186(2)(a), Dennis Davis, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, 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, Onus of proof, Orders, Organs of state, Parties, Promotion / demotion - 186(2)(a), Review tests, Sectors, Sidumo - reasonableness, 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,...

Discriminatory listed grounds: Harassment and dismissal

by GilesFiles | Sep 27, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Courts, Dennis Davis, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Universities and schools | 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,...

Gender discrimination rejected: EEA evidence and scope

by GilesFiles | Sep 20, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Central, Courts, Dennis Davis, Disallowed, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Government, 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, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, 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,...

Upholding maximum compensation: Unprotected strike action

by GilesFiles | Sep 14, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Causes of action, Compensation, Contractual breach, Courts, Disallowed, Dispute Resolution (LRL 3), General, 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, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Reinstatement, Review tests, Roman Dutch law principles, 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,...

Reinstatement order upheld: Exceptional circumstances?

by GilesFiles | Jul 23, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Dennis Davis, Disallowed, 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, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, 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,...

Alleging unfair promotion: Invalid arbitration referral

by GilesFiles | Jun 14, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Awards -s145, Central, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Interpretation and application, Judges, Jurisdiction and powers, 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, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Promotion / demotion - 186(2)(a), Review tests, Rules, 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,...

Breaking termination agreement: Confidential information

by GilesFiles | Jun 14, 2021 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, BCEA 1997, BCEA 77(3) and 77A(e), Causes of action, Contractual breach, Courts, Dennis Davis, Disallowed, Dispute Resolution (LRL 3), Electricity, Evidence and onus, 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, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Statement of claim, 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: Retired judges