Manufacturing Archives

Performing poorly and conduct: Valid and fair dismissal reason

by GilesFiles | Dec 6, 2024 | 2020 onwards, ABB - Fairness principle or concept, Applications, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Manufacturing, Mining, MPN Nkutha-Nkontwana, Objective - correctness, Operational reasons, Orders, Parties, Performance, Poor performance, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, 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,...

Gross insubordination considered: Lawful instructions disobeyed?

by GilesFiles | Dec 6, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capability, Courts, Customary Law, Declaratory, Evidence & onus, Gross misconduct, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, 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 | 0 |

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Costs de bonis propriis: Order reversed on appeal

by GilesFiles | Nov 11, 2024 | 2020 onwards, Allowed, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Dennis Davis, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Topics | 0 |

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Final warnings validity: Inconsistency examined

by GilesFiles | Nov 6, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct & capability, Contractual breach, Courts, Declaratory, Disciplinary action, Evidence & onus, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Manufacturing, Motor industry, MR Makhura, Orders, Parties, Private enterprises, Protect not punish, 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, Warnings | 0 |

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Valid but unfair reason: Warnings and conduct

by GilesFiles | Nov 6, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, MR Makhura, Orders, Parties, Private enterprises, Protect not punish, 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, Warnings | 0 |

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Mandatory conciliation referral: Despite facilitation must conciliate

by GilesFiles | Oct 23, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Manufacturing, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Unprotected strike action: Binding collective agreement

by GilesFiles | Oct 21, 2024 | 2020 onwards, Applications, Causes and defences, Collective Bargain (LRL 5), Confirmed, Contractual breach, Courts, Declaratory, Evidence & onus, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Limits - 65, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Rule nisi, Sectors, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Topics | 0 |

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Exceptional circumstances absent: Refused application with costs

by GilesFiles | Oct 18, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8b: 185-186(2) Practices, Manufacturing, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, self-created urgency, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics, Urgency | 0 |

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Expanded constitutional scope: No actual change (dissent)

by GilesFiles | Sep 23, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Demarcations, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Manufacturing, Objective - correctness, Orders, Organisations (LRL 4), P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Protected strikers reinstated: Backpay limited to 12 months

by GilesFiles | Aug 5, 2024 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Participating in gross misconduct: Violent protest and hostages

by GilesFiles | Jul 17, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct & capability, Contractual breach, Courts, Delict, Derivative action, Evidence & onus, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, Termination (LRL 8), Topics | 0 |

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Reinstatement concerns discussed: Compensation awarded instead

by GilesFiles | Jul 15, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Poor performance, Private enterprises, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, 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,...

Category: Manufacturing