MV Phatshoane Archives

Disciplinary action abandoned: Unfair labour practice?

by GilesFiles | Aug 1, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Disciplinary action, Government, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 1: 1-3 Purpose, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Misconduct & incapacity, MV Phatshoane, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, 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,...

Breaching trust relationship: Proof of actual loss?

by GilesFiles | May 17, 2022 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Banks, Causes and defences, Contractual breach, Costs, Courts, Disallowed, Evidence & onus, Finance, 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, MV Phatshoane, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics, Trust & confidence | 0 |

Sasbo v Standard Bank Does breaching the employment trust relationship have to include proof of actual loss and when is there a valid and fair reason to terminate employment? “[30] Ms Cassim testified that Ms F’s conduct...

Construing exemption clauses: Delict or contract

by GilesFiles | Jan 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Delict, Interpretation etc, Judges, Legal Practice, Logistics, MV Phatshoane, Orders, Parties, Private enterprises, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Vicarious liability | 0 |

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Incorporating claim statement: Prospects when failure?

by GilesFiles | Mar 29, 2021 | 2020 onwards, Appeals, Appeals - leave, Condonation, Costs, Courts, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, MV Phatshoane, Objective - correctness, Orders, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Unlawful agreement concluded: Invalid and not binding

by GilesFiles | Dec 15, 2020 | 2020 onwards, 2020 onwards, Applications, Bargaining councils, Bill of Rights, Causes and defences, Central, Collective Bargain (LRL 5), Courts, Declaratory, Dennis Davis, Government, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, MV Phatshoane, Orders, Organisations (LRL 4), P Coppin, Parties, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 0 |

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Pay progression differentiation: Incentive Policy Framework

by GilesFiles | Nov 9, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Courts, Deemed, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Insights, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, MV Phatshoane, Objective - correctness, Orders, PAJA 2000, Parties, Pay progression, Performance, Policies - all, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

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Long service disregarded: Review test enforced

by GilesFiles | Sep 7, 2020 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Courts, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MV Phatshoane, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade | 0 |

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Support staff excluded: Beyond Council’s jurisdiction

by GilesFiles | Jul 14, 2020 | 2020 onwards, Allowed, Appeals, Bargaining councils, Courts, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, MV Phatshoane, Orders, Organisations (LRL 4), Parties, Practices (LRL 9), Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Business rescue practitioners: Operational dismissals

by GilesFiles | Jul 9, 2020 | 2020 onwards, Airline pilots, Appeals, Appeals - leave, Courts, Declaratory, Disallowed, 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, MV Phatshoane, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

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Downgrading exercise approved: Legality principle considered

by GilesFiles | Mar 13, 2019 | 2019, AF - Internal equity external parity, Bill of Rights, Causes and defences, Central, Courts, EEA 7 Factors, Employ Equity (LRL 12), Evidence & onus, Insights, Job evaluation and grading, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, MV Phatshoane, Review tests, Sectors, Seven occupational levels, Thought Leaders, Topics, Work Science Institute | 0 |

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Hostile witness declaration: Irregularity considered

by GilesFiles | Mar 13, 2019 | 2019, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Courts, Disallowed, Evidence & onus, Hearing procedure, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Manufacturing, Misconduct & incapacity, MV Phatshoane, Orders, Parties, Poor performance, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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False overtime claims: Unfair reason to dismiss

by GilesFiles | Feb 27, 2019 | 2019, Courts, Hospitality, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, LRA 7: 112-184 Dispute, MV Phatshoane, Resolving disputes (LRL 3), Sectors, 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: MV Phatshoane