Dispute Resolution (LRL 3) Archives

Delayed disciplinary process: Inordinate delay is unfair

by GilesFiles | Feb 7, 2019 | 2019, 2019, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dismissal: Procedural issues, Dispute Resolution (LRL 3), Government - provincial, Judges, Labour Relations, Landmark judgments, Legal Practice, Sectors, Topics | 0 |

Stokwe v MEC: Department of Education, Eastern Cape According to the constitutional court a delayed disciplinary process could mean that senior management acted unfairly even if the reason for dismissal was valid and fair. From...

Required performance standards: Dismissal reason not unfair

by GilesFiles | Feb 5, 2019 | 2019, Appointed LC judges, Courts, Dismissal: General, Dismissal: without forfeiture of rights, Dispute Resolution (LRL 3), 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, Mining, 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,...

Reinstatement and backpay: When due and payable?

by GilesFiles | Jan 31, 2019 | 2019, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, Statutes (LRL 2) - work law, 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,...

Grounds of appeal: Absence of reasonable prospects

by GilesFiles | Jan 30, 2019 | 2019, Acting LC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Metal & engineering, 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,...

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...

Alleged unlawful termination: Lack of urgency

by GilesFiles | Jan 11, 2019 | 2019, Appointed LC judges, BCEA 1997, Courts, Dispute Resolution (LRL 3), Education, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, Sectors, Statutes (LRL 2) - work law, 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,...

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,...

Furnishing reasonable security: Staying writ and attachment

by GilesFiles | Dec 28, 2018 | 2018, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Statutes (LRL 2) - work law, 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,...

Exemption from security: Staying writ and lifting attachment

by GilesFiles | Dec 27, 2018 | 2018, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, 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,...

Internal disciplinary proceedings: Intervention strictly restricted

by GilesFiles | Dec 27, 2018 | 2018, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics | 0 |

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Business transfer examined: Important issues considered

by GilesFiles | Dec 21, 2018 | 2018, Appointed LAC judges, B Waglay, Courts, Dispute Resolution (LRL 3), DM Davis, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 8a: s185-197B Dismissals, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, 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,...

Settlement agreement enforced: Public interest served

by GilesFiles | Dec 18, 2018 | 2018, Appointed LC judges, Common Law, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Sectors, 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,...

Category: Dispute Resolution (LRL 3)