Dispute Resolution (LRL 3) Archives

Protecting racehorses considered : just or fair punishment?

by GilesFiles | Sep 20, 2020 | Agriculture, Bill of Rights, Dignity equality freedom, Dispute Resolution (LRL 3), Insights, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thought Leaders, Topics | 0 |

Employment rights Employees have constitutional rights, which include the right neither to be unlawfully nor unfairly dismissed. Lawfulness requires proof of gross misconduct before employers may dispense with reasonable notice...

Outsourcing functions considered: No going concern

by GilesFiles | Sep 8, 2020 | 2020, Applications, Appointed LC judges, BM Whitcher, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Orders, Parties, Private enterprises, Sectors, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Long service disregarded: Review test enforced

by GilesFiles | Sep 7, 2020 | 2020, Appeals, Appointed LAC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Gross misconduct, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, MV Phatshoane, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 0 |

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Balancing competing interests: Compensate not reinstate

by GilesFiles | Sep 4, 2020 | 2020, Appointed LC judges, Compensation, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Hospitality, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Parties, Review tests, RGO Lagrange, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 0 |

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Appointing facilitator considered: CCMA and consultation

by GilesFiles | Sep 2, 2020 | 2020, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Employee assistance program: Premature dismissal

by GilesFiles | Aug 27, 2020 | 2020, Appointed LC judges, Awards -s145, Capability or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Ill health and illness, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Manufacturing, Orders, Parties, Private enterprises, Reinstatement, Review tests, RGO Lagrange, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Repudiating employment contracts: Trust and confidence

by GilesFiles | Aug 18, 2020 | André van Niekerk, Cause: contractual breach, Cause: statute, Common Law, Con 158 (1982), Dispute Resolution (LRL 3), ILO Conventions, Insights, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Markets in SA, philosophy / economics, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thought Leaders, Topics, Uncategorized | 0 |

During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November...

Unpaid employment benefits: Default judgment rejected

by GilesFiles | Aug 18, 2020 | 2020, André van Niekerk, Applications, Appointed LC judges, Basic Conditions (LRL 10), Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Special pleas, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics | 0 |

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Appeal outcome disputed: Interpretation of contract

by GilesFiles | Aug 13, 2020 | 2020, Applications, Appointed LC judges, Associations, BCEA 77(3) and 77A(e), Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 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,...

Business transfer examined: LRA s197 applied

by GilesFiles | Aug 4, 2020 | 2020, appeal, Appeals, Business transfers, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Refused, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Rule 11 application: Compliance with Rules

by GilesFiles | Jul 31, 2020 | 2020, Acting LC judges, Applications, Central, Condonation, Courts, Dispute Resolution (LRL 3), Granted, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics, Transport & communication | 0 |

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Mental health illness: Depression and discrimination

by GilesFiles | Jul 21, 2020 | 2020, Acting LAC judges, appeal, Appeals, Automatically unfair - s187, Capability or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Duty to begin, Evidence and onus, Evidentiary burden, Granted, Ill health and illness, Insubordination, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 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)