unfair dismissal and termination of employment ito s185 of the LRA

Discrimination dispute not conciliated: Jurisdiction lacking?

by GilesFiles | Oct 30, 2026 | 2020 onwards, Associations/corporates, Cause of action defined, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resignations, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), Topics | 0 |

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Misusing union funds: Abusing court processes?

by GilesFiles | Oct 19, 2026 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Edwin Tlhotlhalemaje, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, staying proceedings, Struck off, Topics, Trade unions | 0 |

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Granting declaratory relief: Jurisdiction lacking?

by GilesFiles | Oct 16, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Unlawful and void | 0 |

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Severance pay claim: Sec 41 of BCEA considered

by GilesFiles | Sep 29, 2026 | 2020 onwards, Appeals, Appeals - leave, BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Severance pay, Special pleas, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

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Suspending execution of order: Exemption s 18(3) of SCA?

by GilesFiles | Sep 25, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Common law, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Finance, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Treatment of probabilities: Different credibility findings?

by GilesFiles | Sep 22, 2026 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct unbecoming, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Substance, Suspicion, Termination (LRL 8), Topics | 0 |

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Expeditious dispute resolution: Need for finality

by GilesFiles | Sep 22, 2026 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Relations, LC-Practice Manual, leave to appeal, Legal Practice, Legislation, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Damages for unlawful termination: Limited to notice period?

by GilesFiles | Sep 21, 2026 | 2020 onwards, Anton Myburgh, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Notice requirements, Orders, Parties, Resolving disputes (LRL 3), Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics | 0 |

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Reasonable decision maker: Reasonable outcome?

by GilesFiles | Sep 15, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Finance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Suzanna Harvey, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Automatically unfair dismissal: Protected disclosure?

by GilesFiles | Sep 15, 2026 | 2020 onwards, Applications, AUD, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, Conduct - gross, Costs, Costs not awarded, Courts, Damages, Disciplinary issues, Equal pay and value, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Substance, Suzanna Harvey, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void | 0 |

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Late statement of claim: Condonation reversed

by GilesFiles | Sep 14, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Collective action, Condonation, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Established review test: Assaulting fellow employee

by GilesFiles | Sep 10, 2026 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Category: Termination (LRL 8)