Category: Dismissal: operational requirements

Fairness implies validity: Look back and then forward

by GilesFiles | Jan 16, 2019 | Basic Conditions (LRL 10), BCEA 1997, Common Law, Dismissal: General, Dismissal: gross misconduct, Dismissal: invalid or unfair reason, Dismissal: operational requirements, Dismissal: without forfeiture of rights, Dispute Resolution (LRL 3), Insights, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Statutes (LRL 2) - work law, Topics | 0 |

It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees...

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Property management company: Dismissal of complex manager

by GilesFiles | Jan 11, 2019 | 2019, Appointed LC judges, Associations, Body corporates, Courts, Dismissal: operational requirements, Dismissal: without forfeiture of rights, Dispute Resolution (LRL 3), Financial services, Judges, Labour Court, Labour Court judges, Labour Relations, Parties, Sectors, 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,...

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Security clearance denied: Impossibility or incapacity?

by GilesFiles | Nov 27, 2018 | 2018, Appointed LAC judges, Courts, Dismissal: operational requirements, Dismissal: without forfeiture of rights, Dispute Resolution (LRL 3), Government - central, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 8a: s185-197B Dismissals, Sectors, 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,...

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Operational funding challenges: Thwarted renewal expectation

by GilesFiles | Nov 8, 2018 | 2018, Appointed LC judges, Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), Education, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Parties, Sectors, Topics, Universities | 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,...

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Operational needs considered: Flexible working hours

by GilesFiles | Nov 6, 2018 | 2018, 2018, ConCourt judges, Constitutional Court, Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, LRA Chpt: 8a: s185-197B Dismissals, Retailing, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Collective agreement extended: Complies with LRA s197(6)

by GilesFiles | Oct 19, 2018 | 2018, Appointed LC judges, Collective Bargaining (LRL 5), Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 8a: s185-197B Dismissals, Mining, Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Determinative later conduct: No sham consultation

by GilesFiles | Oct 17, 2018 | 2018, Acting LAC judges, Common Law, Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 8a: s185-197B Dismissals, Topics | 0 |

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Substance from process: No bright lines always exist

by GilesFiles | Oct 11, 2018 | 2018, Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), Financial services, Judges, Labour Court, Labour Relations, Sectors, Topics | 0 |

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Procedural fairness excluded: Mass dismissal dispute

by GilesFiles | Sep 20, 2018 | 2018, Appointed LC judges, Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Mining, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Strike related misconduct: Guilty of racially offensive conduct?

by GilesFiles | Sep 13, 2018 | 2018, 2018, ConCourt judges, Constitutional Court, Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, LRA Chpt: 8a: s185-197B Dismissals, Parties, Private enterprises, Statutes (LRL 2) - work law, Topics | 1 |

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Deemed desertion policy: Switching onus of proof?

by GilesFiles | Sep 11, 2018 | 2018, Appointed LC judges, Common Law, Courts, Dismissal: operational requirements, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Ignored three ultimata: Fair dismissal of strikers proved

by GilesFiles | Jul 19, 2018 | 2018, Appointed LAC judges, Courts, Dismissal: gross misconduct, Dismissal: operational requirements, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 8a: s185-197B Dismissals, Power plays (LRL 6), Statutes (LRL 2) - work law, 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,...

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