Automatically unfair - s187 Archives

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,...

Sexual orientation discrimination: Unlawful labour practice

by GilesFiles | Jun 15, 2020 | Automatically unfair - s187, Bill of Rights, Cause: statute, Common Law, Courts, Dignity equality freedom, Discrimination (LRL 11), Labour Relations, Legislation, 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...

Dismissal separate proceedings: Adjudicate and arbitrate

by GilesFiles | May 28, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Automatically unfair - s187, Courts, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Incompatibility, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Non-profit organisations, Orders, Parties, Refused, Res judicata, SOEs (State Owned Enterprises), Special pleas, 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,...

Age discrimination proved: Twin causes of action

by GilesFiles | May 18, 2020 | 2020, Acting LAC judges, Appeals, Automatically unfair - s187, BCEA 1997, Cause: statute, Common Law, Courts, Dispute Resolution (LRL 3), F Kathree-Setiloane, 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, Parties, 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,...

Recruitment protected disclosure: Automatically unfair dismissal

by GilesFiles | May 18, 2020 | 2020, Acting LAC judges, Automatically unfair - s187, Bill of Rights, Courts, Dispute Resolution (LRL 3), Government - central, 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, Parties, Protection of Personal Information, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Exercising rights considered: Lodging grievance excluded

by GilesFiles | May 18, 2020 | 2020, Acting LAC judges, Appeals, Automatically unfair - s187, Courts, Dispute Resolution (LRL 3), 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, Parties, Proof required, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Characterise dispute correctly: Different causes of action

by GilesFiles | May 6, 2020 | Appeals, Automatically unfair - s187, Cause: general, CN Jafta, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Age discrimination considered: Discriminatory unfair dismissals

by GilesFiles | Mar 11, 2020 | 2020, Appointed LC judges, Automatically unfair - s187, Bill of Rights, Courts, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Evidence and onus, Exceptions/special pleas, GN Moshoana, 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, Motor industry, Parties, Retirement age, 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,...

Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Conduct or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity Act 1998, Evidence and onus, F Kathree-Setiloane, Government - municipal, Government: Municipal, irregular proceeding, 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, New evidence, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, 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,...

Insurmountable operational requirements: Changes rejected

by GilesFiles | Jun 13, 2019 | 2019, 2019, Acting LAC judges, Automatically unfair - s187, Courts, Dismissal generally, Dismissals see also Termination, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, Lockout/lock-out, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, philosophy / economics, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms...

Automatic unfairness rejected: Collective mutual interest needed

by GilesFiles | May 28, 2019 | 2019, André van Niekerk, Appointed LC judges, Automatically unfair - s187, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Lockout/lock-out, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Rules and practice manuals, 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,...

Twin dismissal claims: Unlawfulness and unfairness

by GilesFiles | Nov 20, 2018 | 2018, appeal, Appeals, Applications, Appointed LAC judges, Automatically unfair - s187, B Waglay, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Common Law, Courts, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, 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, Motor industry, Orders, Parties, Private enterprises, Refused, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

Toyota SA Motors (Pty) Ltd v Nzuza Twin dismissal claims not excluded as decided by LAC but onus of proof may differ and there is a distinction between a claim for damages, requiring the need to mitigate loss, and compensation....

Category: Automatically unfair – s187