John Murphy Archives

Upholding maximum compensation: Strike

by GilesFiles | Sep 14, 2021 | 2020 onwards, Absenteeism, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Disallowed, General, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Roman Dutch law, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (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,...

Exceptional performance bonus: Protected strikers?

by GilesFiles | Dec 14, 2020 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Collective Bargain (LRL 5), Common law, Costs, Courts, Declaratory, Disallowed, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), erroneously sought, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 2: 4-10 FOA, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Mining, Objective - correctness, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Retired judges, Review tests, Sectors, Special pleas, Statutes (LRL 2)-work, Strike - protected, Topics, Trade unions, 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,...

Determining true cause: Misconduct not union activities

by GilesFiles | Dec 14, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, AUD, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Gross misconduct, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Retired judges, Review tests, Risks, Sectors, Statutes (LRL 2)-work, 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,...

Date dispute arises: Ongoing cause of action

by GilesFiles | Nov 24, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, Causes and defences, Condonation, Courts, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), General, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, 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,...

Arrear wages awarded: Jurisdiction and prescription

by GilesFiles | Nov 24, 2020 | 2020 onwards, Appeals, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Medical benefits capped: legitimate commercial rationale

by GilesFiles | Nov 24, 2020 | 2020 onwards, Appeals, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, General, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Parties, Policies - all, Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics, Trade | 0 |

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Harassment unacceptable conduct: Dismissal appropriate?

by GilesFiles | Oct 13, 2020 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Conduct & capability, Courts, Disallowed, Evidence & onus, Government, Gross misconduct, Harass & bully, Insights, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Orders, Parties, Policies - all, Poor performance, Provincial, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Severance pay, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Ultimatum ensured return: Right to dismiss waived

by GilesFiles | Oct 1, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Collective Bargain (LRL 5), Conduct & capability, Courts, Declaratory, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Power plays (LRL 6), Reinstatement, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Strike s68 unprotected, Termination (LRL 8), Topics, Trade unions, Warnings | 0 |

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Providing services considered: TES or service provider?

by GilesFiles | Sep 16, 2020 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Courts, Declaratory, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 9: 198-213 General, Manufacturing, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, TES - LRA 198, Topics | 0 |

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Mental health illness: Depression and discrimination

by GilesFiles | Jul 21, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Conduct & capability, Courts, Discrimination (LRL 11), Evidence & onus, Illness & injury, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Prerogative, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Strike ballot requirement: Strike not unprotected

by GilesFiles | Jun 25, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Courts, Declaratory, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRAA 8/18, Manufacturing, Objective - correctness, Orders, Parties, Power plays (LRL 6), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Strike - protected, Topics, Trade unions | 0 |

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Retrospective backpay explained: Contempt not execution

by GilesFiles | Jun 22, 2020 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, General, Government, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, State Owned Enterprises, 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,...

Category: John Murphy