Severance forfeited 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...

Disputed severance pay: Reliance on weak authority

by GilesFiles | Jan 28, 2022 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Courts, Dispute Resolution (LRL 3), H Rabkin-Naicker, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private security, Sectors, Severance forfeited, Statutes (LRL 2) - work law, 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,...

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...

Harassment unacceptable conduct: Dismissal appropriate?

by GilesFiles | Oct 13, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Capacity, Clear and convincing, Courts, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Government, Gross misconduct, 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, Misconduct generally, Orders, Organs of state, Parties, Provincial, Review tests, Sectors, Severance forfeited, Sidumo - reasonableness, 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,...

Business rescue ranking: Preference wage claims?

by GilesFiles | Mar 10, 2020 | 2020 +, Applications, business rescue, Causes of action, Contractual breach, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Manufacturing, Operation of law, Orders, Parties, Sectors, Severance forfeited, Statutory, 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,...

Working after retirement: Forfeiting severance benefits?

by GilesFiles | Apr 16, 2014 | 2014 and earlier, Anton Steenkamp, Applications, Appointed LC judges, Basic Conditions (LRL 10), Courts, Deceased judges, Declaratory, Dispute Resolution (LRL 3), 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, Operational requirements-s189, Orders, Retirement age, Severance forfeited, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

Rogers v Exactocraft (Pty) Ltd Working after retirement poses some unique problems but the labour court decided that there was a valid and fair reason to terminate the services of the applicant but not in accordance with a fair...

Severance pay confusion: BCEA needs amending

by GilesFiles | Sep 21, 2010 | 2014 and earlier, Courts, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Severance forfeited, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 9 |

The overlap illustrates that (absenting any improper motive, like victimization or union bashing) we are ultimately asking a single question: did the dismissal make commercial sense in the circumstances?

Forfeiting severance pay: Reasonable alternative job offer

by GilesFiles | Dec 22, 2005 | 2014 and earlier, Agriculture, Allowed, appeal, Appeals, Appointed LAC judges, Basic Conditions (LRL 10), BCEA 1997, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Operational requirements-s189, Orders, Parties, Private enterprises, Review tests, RMM Zondo, Sectors, Severance forfeited, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

Irvin & Johnson Ltd v CCMA LAC dealt with the issue of forfeiting severance pay and overturned the judgment of B Waglay J, as he then was, in the labour court and decided that the employee’s acceptance of the...

Category: Severance forfeited