unfair dismissal and termination of employment ito s185 of the LRA

Granting interim relief: Pending incapacity dispute?

by GilesFiles | Jul 23, 2026 | 2020 onwards, Balancing interests, Causes and defences, Connie Prinsloo, Costs, Costs not awarded, Courts, Declaratory, granted, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, LRA D: 151-166 LC, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Selected judges, Statutes (LRL 2)-work, staying proceedings, Topics | 0 |

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Extending liability to others: Employer liquidated?

by GilesFiles | Jul 20, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Insolvency, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 09: 198-213 General, LRA 1995, Manufacturing, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Racial discriminatory remark: Valid dismissal reason?

by GilesFiles | Jul 14, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Consumer protection, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Direct and indirect discrimination, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Constructive dismissal unproved: Objective test applied

by GilesFiles | Jul 9, 2026 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade | 0 |

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Strained employment relationship: Incapacity & ill health

by GilesFiles | Jul 8, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Compensation or damages, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, MR Makhura, Orders, Parties, Personal services, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

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Exceptional circumstances justified: Sec 188A(11) of LRA

by GilesFiles | Jun 27, 2026 | 2020 onwards, Causes and defences, Costs, Courts, Declaratory, Granted, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics | 0 |

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Rules of natural justice: Context-sensitive?

by GilesFiles | Jun 24, 2026 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, DN Unterhalter, Fair procedure, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Micro enterprises, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Automatically unfair dismissal: Dispute properly conciliated?

by GilesFiles | Jun 8, 2026 | 2020 onwards, AUD, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, 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, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

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Under business rescue: Jurisdiction lacking?

by GilesFiles | Jun 5, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, business rescue, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Retrospective reinstatement ordered: Imposing lesser sanction?

by GilesFiles | Jun 1, 2026 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Conduct unbecoming, 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, LRA Sch 8: GP Code, Orders, Parties, Private enterprises, Progressive, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence, Unlawful and void | 0 |

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Operational requirements dismissals: Failed facilitation?

by GilesFiles | May 29, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, ZLL Tshiqi | 0 |

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Indefinite employment confirmed: LRA sec 198B(5) applied

by GilesFiles | May 28, 2026 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Fixed-term, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 09: 198-213 General, LRA 1995, Operation of law, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

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Category: Termination (LRL 8)