Anton Myburgh Archives

Determining dispute nature: Suspension or dismissal?

by GilesFiles | Mar 3, 2025 | 2020 onwards, Anton Myburgh, Causes and defences, Courts, Declaratory, Deemed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Universities and schools | 0 |

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Alternatives to operational dismissals: Proportionality analysis

by GilesFiles | Dec 10, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Anton Myburgh, Applications, Causes and defences, Contractual breach, Courts, Covid-19 issues, Declaratory, Evidence & onus, False assumptions, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Management, Managerial prerogative, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Personal or substituted service: Leave granted

by GilesFiles | Nov 8, 2024 | 2020 onwards, Anton Myburgh, Applications, Causes and defences, Contempt, Courts, Declaratory, Evidence & onus, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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Money-lending scheme: Valid and fair dismissal reason

by GilesFiles | Oct 18, 2024 | 2020 onwards, Anton Myburgh, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Unauthorised absenteeism considered: Deemed dismissal?

by GilesFiles | Sep 13, 2024 | 2020 onwards, Absenteeism, Anton Myburgh, Applications, Automatic, Causes and defences, Central, Contractual breach, Courts, Declaratory, Deemed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Pleadings: amending, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Reinstated without backpay: Valid but unfair reason

by GilesFiles | Sep 10, 2024 | 2020 onwards, Anton Myburgh, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Training course suspended: Contractual breach proved?

by GilesFiles | Jul 25, 2018 | 2018, Anton Myburgh, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Courts, Exceptions/special pleas, General, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Res judicata (issue estoppel), Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Restating review test: Myburgh AJ’s helpful formulation

by GilesFiles | May 10, 2018 | 2018, Anton Myburgh, Awards -s145 see also Sidumo, Construction industry, Courts, Jurisdiction & powers, Labour Court, Labour Relations, Legal Practice, Recusal, Review tests, Sectors, Sidumo - see also awards s 145, Termination (LRL 8), Topics | 0 |

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Dispute resolution without evidence: Labour practice

by GilesFiles | Oct 17, 2017 | 2017, Anton Myburgh, Central, Courts, Jurisdiction & powers, Labour Court, Labour Relations, LC Rules-old, Practices (LRL 9), Promotion or demotion, Review tests, Sectors, Topics | 0 |

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Unlawful competition restraint: valid and binding

by GilesFiles | Sep 18, 2017 | 2017, Anton Myburgh, Causes and defences, Jurisdiction & powers, Labour Court, Sectors, Trade restraints | 0 |

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Stopping disciplinary inquiries: Pending procedural rulings

by GilesFiles | Aug 28, 2017 | 2017, Anton Myburgh, Bill of Rights, Central, Fair procedure, Interdicts & rules, Jurisdiction & powers, Labour Court, Legality principle | 0 |

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Precautionary transfer: Unprotected strike interdicted

by GilesFiles | Aug 10, 2017 | 2017, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Anton Myburgh, Interdicts & rules, Jurisdiction & powers, Labour Court, LRA 04: 64-69 Power plays (LRL 6), LRA 1995, Municipal, Practices (LRL 9) | 0 |

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Category: Anton Myburgh