SK Ndlovu Archives - GilesFiles

Effect of award: Settlement agreement binding

by GilesFiles | Jan 20, 2017 | 2017, Courts, Deceased judges, John Murphy, Judges, Labour Appeal Court, LAC judges, LRA 197 - transfers, Orders, Review tests, Settlement agreements, SK Ndlovu, Statutes (LRL 2)-work | 2 |

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,...

Dismissing shop stewards: Bullying manager

by GilesFiles | Sep 2, 2016 | 2016, Conduct - gross, Courts, Deceased judges, Harass & bully, Insubordination and defiance, Judges, Labour Appeal Court, Labour Relations, SK Ndlovu, Termination (LRL 8), Topics | 1 |

Samwu v Ethekwini Municipality (DA5/13) [2016] ZALAC 47 [2016] 12 BLLR 1208; (2017) 38 ILJ 158 (LAC) (2 September 2016) per Ndlovu JA (Tlaletsi DJP and Makgoka AJA concurring) The LAC disallowed the trade union’s appeal on...

Offensive racial slur: Valid and fair reason to dismiss

by GilesFiles | Mar 15, 2016 | 2016, Courts, Deceased judges, Dennis Davis, Discrimination (LRL 11), Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Judges, Labour Appeal Court, LAC judges, SK Ndlovu, Termination (LRL 8), Topics, Words & phrases | 2 |

City of Cape Town v Freddie (CA13 /14) [2016] ZALAC 8 ; [2016] 6 BLLR 568 ; (2016) ILJ 1364 (15 March 2016) per Ndlovu JA [Tlaletsi DJP and Davis JA concurring] The LAC allowed the employer’s appeal and set aside a reinstatement...

Underlying binding contract: Deeming provision?

by GilesFiles | Jul 28, 2015 | 2015, B Waglay, Causes and defences, Courts, Deceased judges, Dennis Davis, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LRA 09: 198-213 General, LRA 1995, SK Ndlovu, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Universal Church of the Kingdom of God v Myeni The LAC allowed the appeal because there was no underlying binding contract. Despite the mutually agreed relationship the pastor only rendered voluntary devotional service to the...

Mootness of appeal: Employees reinstated

by GilesFiles | Jul 2, 2015 | 2015, Courts, Deceased judges, Dennis Davis, Exceptions/special pleas, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, SK Ndlovu, 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,...

Constructive dismissal proved: enforcing unpaid leave

by GilesFiles | May 12, 2015 | 2015, Conduct & capacity, Constructive: 186(1)(e), Courts, Deceased judges, Illness & injury, Intolerable, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, SK Ndlovu, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

National Health Laboratory Service v Yona (PA 12/13) [2015] ZALAC 33; [2015] 10 BLLR 1002; (2015) 36 ILJ 2259 (LAC) (12 May 2015) per Ndlovu JA (Waglay JP and Landman JA concurring) The Labour Appeal Court disallowed the...

Applying parity principle: Do so with caution

by GilesFiles | Oct 24, 2014 | 2014 and earlier, Conduct & capacity, Courts, Judges, Labour Appeal Court, Protect not punish, Risks, SK Ndlovu, Termination (LRL 8), Trust & confidence | 3 |

Absa Bank Ltd v Naidu (DA 14/12) [2014] ZALAC 60 [2015] 1 BLLR 1 ; (2015) ILJ 602 (LAC) (24 October 2014) per Ndlovu JA [Waglay JP and Coppin AJA concurring] Appeal allowed: LAC summary: “‘Parity principle’:...

Automatically unfair dismissals: Trade union membership

by GilesFiles | Jul 23, 2014 | 2014 and earlier, AUD, Courts, Judges, Labour Appeal Court, LAC judges, Legal Practice, SK Ndlovu, Termination (LRL 8), Trade unions | 1 |

Elliot International (Pty) Ltd v Veloo (DA12/11) [2014] ZALAC 36; [2014] 10 BLLR 955; (2015) 36 ILJ 422 (LAC) (23 July 2014) per Ndlovu JA [Molemela AJA and Sutherland AJA concurring] Appeal disallowed and dismissals...

Gross insubordination considered: Terms unilaterally changed?

by GilesFiles | Dec 31, 2012 | 2014 and earlier, Appeals, Appeals - leave, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Disallowed, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Managerial prerogative, Manufacturing, Objective - correctness, Orders, Parties, Performance, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, SK Ndlovu, 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: SK Ndlovu