Automatically unfair - s187 Archives

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, 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 |

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,...

Reconciling labour statutes: Age discrimination

by GilesFiles | May 4, 2021 | 2020 +, Acting LC judges, Applications, Automatically unfair - s187, Bill of Rights, Cause: general, Common Law, 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, 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, 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, Conduct or capacity, Courts, Declaratory, 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, occupational detriment, Orders, protected disclosure, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 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, 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), Refused, 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, 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 (issue estoppel), SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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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), 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 |

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Recruitment protected disclosure: Automatically unfair dismissal

by GilesFiles | May 18, 2020 | 2020 +, Acting LAC judges, Automatically unfair - s187, Bill of Rights, Central, 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, occupational detriment, Parties, protected disclosure, Protection of Personal Information, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Whistleblowing | 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 practices (LRL 9), 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, Training - 186(2)(a) | 0 |

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Characterise dispute correctly: Different causes of action

by GilesFiles | May 6, 2020 | Appeals, Automatically unfair - s187, Cause: general, 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 |

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: Automatically unfair – s187