Absenteeism Archives

Unauthorised absenteeism considered: Deemed dismissal?

by GilesFiles | Sep 13, 2024 | 2020 onwards, Absenteeism, Anton Myburgh, Applications, Automatic, Causes and defences, Central, Contractual breach, Courts, Declaratory, Deemed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Operation of law, Orders, Parties, Pleadings: amending, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (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,...

Calculating working days: Unlawful and void termination

by GilesFiles | Aug 21, 2024 | 2020 onwards, Absenteeism, Causes and defences, Central, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Incapacity and ill-health: Absence of alternatives

by GilesFiles | Jul 18, 2024 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Condonation, Conduct & capacity, Courts, Declaratory, Evidence & onus, Government, Illness & injury, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Metro, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (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,...

Deemed dismissal confirmed: Unauthorised absence

by GilesFiles | Jul 11, 2024 | 2020 onwards, Absenteeism, Applications, Causes and defences, Courts, Declaratory, Deemed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Provincial, Refused, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (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,...

Deserting workplace evaluated: Valid and fair dismissal

by GilesFiles | Oct 13, 2023 | 2020 onwards, Absenteeism, BM Whitcher, Conduct & capacity, Costs, Courts, Insubordination, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Compliance order set aside: Annual bonus

by GilesFiles | Dec 7, 2022 | 2020 onwards, Absenteeism, André van Niekerk, BCEA 1997 (LRL 10), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Hearing procedure, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, Mining, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Supervisory order granted: Serious procedural defects

by GilesFiles | Nov 21, 2022 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Covid-19 issues, Evidence & onus, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Management, Orders, PAJA 2000, Parties, Personal services, Policies - all, Review tests, Risks, Roman Dutch law, SCA judges, Sectors, Settlement agreements, Special pleas, State Owned Enterprises, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

SA Health Products Regulatory Authority v ACDP Why did a full bench of SCA uphold appeal and decide to set aside a supervisory order granted by the high court? “[23] The appeal must succeed for the three inter-related...

Precautionary suspension justified: Public sector HOD

by GilesFiles | May 3, 2022 | 2020 onwards, Absenteeism, Applications, Causes and defences, Contractual breach, Costs, Courts, Evidence & onus, Fixed-term, Government, High Court, High Court judges, Interdicts & rules, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Provincial, Refused, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics, Urgency | 0 |

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Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, GN Moshoana, Government, Illness & injury, ILO Convention 158/1982, ILO Conventions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (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,...

Rescinding order considered: Strike off or dismiss?

by GilesFiles | Oct 6, 2021 | 2020 onwards, Absenteeism, Applications, Costs, Courts, Government, HC Uniform, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Municipal, Orders, Parties, Rescission LRA 144 and 165, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Upholding maximum compensation: Strike

by GilesFiles | Sep 14, 2021 | 2020 onwards, Absenteeism, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Disallowed, General, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Mining, Orders, Parties, Private enterprises, Review tests, Risks, Roman Dutch law, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (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,...

Medical certificate disputed: Absence without leave

by GilesFiles | Sep 8, 2021 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Conduct & capacity, Costs, Courts, Evidence & onus, Hearsay, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private enterprises, Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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: Absenteeism