Edwin Molahlehi Archives

Cultural traditional rituals: Condoning late filing?

by GilesFiles | Jan 23, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Condonation, Courts, Declaratory, Edwin Molahlehi, Granted, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Manufacturing, Misconduct & incapacity, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Words & phrases | 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,...

Deductions from backpay: No agreed fixed term

by GilesFiles | Oct 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Edwin Molahlehi, Evidence & onus, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Metro, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, 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,...

Remitting dispute to CCMA: Award set aside

by GilesFiles | Sep 18, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 8b: 185-186(2) Practices, Non-profit organisations, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Disclosing relevant documents: Affecting reasonable expectation

by GilesFiles | Aug 22, 2024 | 2020 onwards, Access to information, Appeals, Appeals - leave, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Declaratory, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Mining, Orders, Parties, Personal Information, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, 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,...

Retrospective reinstatement ordered: Test is objective

by GilesFiles | Feb 7, 2024 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Declaratory, Edwin Molahlehi, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Confession acceptable evidence: Made freely and voluntarily

by GilesFiles | Jan 18, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Courts, Disallowed, Edwin Molahlehi, Evidence & onus, Government, Gross misconduct, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Operational reasons, Orders, Parties, Personal services, Protect not punish, Review tests, Risks, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & 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,...

Reinstatement principles considered: Inappropriate or impractical?

by GilesFiles | Dec 14, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Edwin Molahlehi, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Reinstatement, Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trust & 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,...

Legal effect resignation: When does employment end?

by GilesFiles | Oct 18, 2016 | 2016, Causes and defences, Courts, Edwin Molahlehi, Evidence & onus, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 9: 198-213 General, Misconduct & incapacity, Objective - correctness, Resignations, Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

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,...

Consortium deployment: Employment contract and relationship contrasted

by GilesFiles | Mar 10, 2016 | 2016, BCEA 77(3) & 77A(e), Causes and defences, Edwin Molahlehi, Labour Court, Words & phrases | 1 |

Loyiso and 28 others v Amethst (Pty) Ltd and others (JS961/12) [2015] ZALCJHB 460 (10 March 2016) per Molahlehi J. The Labour Court refused the application and upheld the argument that the Labour Court did not have the necessary...

Pay progression: Within scope of collective agreement

by GilesFiles | Dec 28, 2015 | 2015, AF - Internal equity external parity, André van Niekerk, Collective Bargaining (LRL 5), Courts, Edwin Molahlehi, Insights, Judges, Labour Court, Labour Court judges, Pay differentials, Pay progression, Power plays (LRL 6), Strike s68 unprotected, Words & phrases, Work Science Institute | 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,...

Fair reason dishonesty: No proof required

by GilesFiles | Dec 10, 2015 | 2015, Causes and defences, Contractual breach, Courts, Edwin Molahlehi, Gross misconduct, Judges, Labour Court, Labour Court judges, Termination (LRL 8), Topics, Trust & confidence | 0 |

Easi Access Rental (Pty) Ltd v CCMA [2016] 8 BLLR 783; (2016) ILJ 1419 (LC) per Molahlehi J. An employer’s evidence may assist in assessing the effect of misconduct on the trust relationship. But a breakdown of trust may be...

Settlement agreement: Consensual and not reviewable

by GilesFiles | Aug 4, 2015 | 2015, Awards -s145 see also Sidumo, Courts, Edwin Molahlehi, Labour Court, Review tests, Settlement agreements | 2 |

Cindi Hadio v CCMA (Careers Staff Solution) (JR 2610/13) [2015] ZALCJHB 236; [2015] 12 BLLR 1207 (LC) (4 August 2015) per Molahlehi J. The Labour Court refused to review and set aside a settlement agreement facilitated by a...

Category: Edwin Molahlehi