LRA 08a: 189 and 189A see Termination Archives

Fair operational requirements: Rational commercial decision?

by GilesFiles | Aug 28, 2026 | 2020 onwards, Applications, Balancing interests, Cause of action defined, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Granted, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Reasonable and proportionate response: Operational requirements?

by GilesFiles | Aug 12, 2026 | 2020 onwards, Appeals, Appeals - leave, Balancing interests, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Seeking declaratory relief: Application struck out

by GilesFiles | Aug 6, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Edwin Tlhotlhalemaje, Inherent requirements, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Terms & conditions, Topics, Trade, Urgency | 0 |

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Outsourcing non-core cleaning: Operational requirements?

by GilesFiles | Jul 30, 2026 | 2020 onwards, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Granting interim relief: Encouraging protected disclosures?

by GilesFiles | Jul 24, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Costs awarded, Costs punitive, Courts, Declaratory, Granted, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Orders, Parties, Personal services, Promotion or demotion, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, staying proceedings, TC Gandidze, Topics, Universities and schools, Urgency | 0 |

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Operational requirements dismissals: Failed facilitation?

by GilesFiles | May 29, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, ZLL Tshiqi | 0 |

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Claiming severance pay: Unreasonable refusal of offer

by GilesFiles | May 29, 2026 | 2020 onwards, Balancing interests, BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Connie Prinsloo, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Restructuring, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Operational requirements dismissal: Unfair substance & procedure?

by GilesFiles | May 15, 2026 | 2020 onwards, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Differentiation not discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 194, LRA 1995, Mining, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics | 0 |

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Consensus-seeking consultation: Joint & meaningful?

by GilesFiles | May 9, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Damages, Edwin Tlhotlhalemaje, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Operational requirements termination: Procedural fairness?

by GilesFiles | Apr 22, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Supervisory role over procedure: Sec 189A(13) LRA

by GilesFiles | Mar 19, 2026 | 2020 onwards, Applications, Bumping, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, Termination (LRL 8), Topics, Trade | 0 |

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Mutual separation agreement: Validity disputed?

by GilesFiles | Feb 26, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Cause of action defined, Causes and defences, Construction industry, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Mutual termination, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Settlement agreements, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Category: LRA 08a: 189 and 189A see Termination