F Kathree-Setiloane Archives

Malicious prosecution considered: Reasonable and probable cause

by GilesFiles | Feb 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, Evidence & onus, F Kathree-Setiloane, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SCA judges, Sectors, Selected judges, State organs, Statutory, Supreme Court of Appeal, Topics | 0 |

MGL v Justice and Constitutional Development and Correctional Service Was there reasonable and probable cause for instituting malicious prosecution and principles considered? “[95] On an assessment of the totality of the...

Extended fixed term: Reinstatement not possible

by GilesFiles | Feb 14, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Courts, Declaratory, F Kathree-Setiloane, Fixed-term, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Manufacturing, Misconduct & incapacity, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, 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,...

Lockout protected or not: Collective agreement

by GilesFiles | Nov 15, 2022 | 2020 onwards, Appeals, Appeals - leave, BCEA 77(3) & 77A(e), Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Disallowed, F Kathree-Setiloane, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Sectors, 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,...

Trust relationship destroyed: Gross insubordination

by GilesFiles | Oct 31, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Courts, Declaratory, F Kathree-Setiloane, Gross misconduct, Insights, Insubordination, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, 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,...

Hypothetical approach examined: Wages of firefighters

by GilesFiles | Oct 21, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Evidence & onus, F Kathree-Setiloane, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Terms & conditions, 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,...

Violent threats and insults: Appropriate censure?

by GilesFiles | Sep 28, 2022 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Consistency element, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, F Kathree-Setiloane, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, 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,...

Blatant age discrimination: Substance or proviso?

by GilesFiles | Sep 27, 2022 | 2020 onwards, Appeals, Appeals - leave, AUD, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, Discrimination (LRL 11), Evidence & onus, F Kathree-Setiloane, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Motor industry, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Same salary adjustments: Cost-of-living increase

by GilesFiles | Aug 18, 2022 | 2020 onwards, AF - Internal equity external parity, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, EEA9 Levels s21, F Kathree-Setiloane, Government, Insights, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Pay progression, Policies - all, Practices (LRL 9), Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Reinstatement impractical intolerable: Primary remedy?

by GilesFiles | Mar 30, 2021 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Central, Courts, F Kathree-Setiloane, Government, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Protected strikers dismissed: Revised rule breached

by GilesFiles | Mar 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Contractual breach, Costs, Courts, Evidence & onus, F Kathree-Setiloane, Gross misconduct, Hearing procedure, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Orders, Parties, Power plays (LRL 6), Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Strike - protected, Termination (LRL 8), Topics, Trade unions, Zero tolerance | 0 |

Pailpac (Pty) Ltd v De Beer NO The valid and fair reason why protected strikers were dismissed related to their conduct during the strike and more particularly their breach of rules which they were aware of or could reasonably...

Reasonable outcomes considered: Review not appeal

by GilesFiles | Jan 22, 2021 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Courts, Evidence & onus, F Kathree-Setiloane, Gross misconduct, Hearing procedure, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Private security, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Warnings | 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 effect considered: Reinstate and compensate?

by GilesFiles | Dec 11, 2020 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Compensation, Courts, Disallowed, F Kathree-Setiloane, Government, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Orders, Parties, Provincial, Reinstatement, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, 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,...

Category: F Kathree-Setiloane