Automatically unfair - s187 Archives

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Causes of action, Central, Contractual breach, Courts, Declaratory, deeming provision, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Provisos, Retirement age, Roman Dutch law principles, Sectors, Severance forfeited, Statement of claim, Statutes (LRL 2) - work law, Statutory, Summary - generally, Termination & dismissal (LRL 8), Topics | 0 |

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

Protected disclosures considered: Automatically unfair

by GilesFiles | Mar 28, 2022 | 2020 +, Acting LC judges, Applications, Automatically unfair - s187, Awarded, Bill of Rights, Causes of action, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Finance, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, occupational detriment, Orders, Orders re costs, Parties, Private enterprises, protected disclosure, Protection of Personal Information, Rules, Sean Snyman, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

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Decisive commercial rationality: Dismissal after transfer

by GilesFiles | Mar 11, 2022 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Automatically unfair - s187, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8a: s189 and 189A see Termination, Not awarded, Operational requirements-s189, Orders, Orders re costs, Parties, Private enterprises, Sectors, 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,...

Proving post-retirement dismissal: Ongoing work

by GilesFiles | Dec 4, 2021 | Automatically unfair - s187, Bill of Rights, Causes of action, CCMA awards, CCMA members, Contractual breach, Courts, Declaratory, Dignity equality freedom, Discharged on account, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Personal services, Proof required, Provincial, Retirement age, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

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Real dismissal reason: Duty of court to determine

by GilesFiles | Oct 13, 2021 | 2020 +, Applications, Appointed LC judges, Automatically unfair - s187, BCEA 1997, BCEA 77(3) and 77A(e), Central, Courts, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Government, Holistic evaluation, 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, Not awarded, Orders, Orders re costs, Organs of state, Parties, Reinstatement, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 0 |

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Reconciling labour statutes: Age discrimination

by GilesFiles | May 4, 2021 | 2020 +, Acting LC judges, Applications, Automatically unfair - s187, Bill of Rights, Causes of action, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, Fixed-term contracts, General, Interpretation and application, 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, Meaning of dismissal, Orders, Parties, Provisos, Rescission, Retirement age, Sectors, Special pleas, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Lodging grievance considered: Not automatically unfair

by GilesFiles | Mar 25, 2021 | 2020 +, Appointed LC judges, Automatically unfair - s187, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, GN Moshoana, 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, Misconduct generally, occupational detriment, Orders, protected disclosure, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Determining true cause: Misconduct not union activities

by GilesFiles | Dec 14, 2020 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Automatically unfair - s187, Awards -s145, Causes of action, Contractual breach, Courts, Dispute Resolution (LRL 3), Gross misconduct, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, 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, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Personal services, Private enterprises, Retired judges, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 0 |

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Operational requirements paramount: Adapt quickly or die

by GilesFiles | Oct 27, 2020 | 2020 +, 2020 +, appeal, Appeals, Automatically unfair - s187, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Construction industry, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational reasons-189A, Operational requirements-s189, Orders, Parties, Power plays (LRL 6), Review tests, Sectors, Severance forfeited, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

Numsa v Aveng Trident Steel Society accepts the paramount importance of operational requirements and the economic viability of enterprises and senior management is best placed to conduct the operations and one of the primary...

Dismissal automatically unfair: Reason related to grievance

by GilesFiles | Sep 10, 2020 | 2020 +, Appointed LC judges, Automatically unfair - s187, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Private enterprises, Sectors, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 0 |

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Mental health illness: Depression and discrimination

by GilesFiles | Jul 21, 2020 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Automatically unfair - s187, Capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Duty to begin, Evidence and onus, Evidentiary burden, 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,...

Sexual orientation discrimination: Unlawful labour practice

by GilesFiles | Jun 15, 2020 | Automatically unfair - s187, Bill of Rights, Causes of action, Courts, Dignity equality freedom, Discrimination (LRL 11), Labour Relations, Legislation, Statutory, Termination & dismissal (LRL 8), Topics | 0 |

Bostock v. Clayton County Whilst the doctrine of ’employment at will’ ( see also ‘just because’) prevails in the USA (and in some parts of Canada) it is an unlawful labour practice in terms of the Civil...

Category: Automatically unfair – s187