Automatic Archives

Automatic termination clause: Limited duration contracts

by GilesFiles | Jul 31, 2024 | 2020 onwards, Automatic, Causes and defences, Costs, Courts, Declaratory, Deemed, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, LRA D: 151-166 LC, Mining, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Jurisdictional questions considered: Review proceedings stayed

by GilesFiles | Jul 30, 2024 | 2020 onwards, Automatic, Causes and defences, Connie Prinsloo, Courts, Declaratory, Government, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Metro, Orders, Parties, Resolving disputes (LRL 3), 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,...

Automatically unfair dismissals: Trade union activities

by GilesFiles | Jul 29, 2024 | 2020 onwards, Automatic, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Costs, Courts, Declaratory, Evidence & onus, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 2: 4-10 FOA, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Reynaud Neil Daniels, Rules Codes & Manual, Sectors, 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,...

Automatic termination of services: Attainment of goal?

by GilesFiles | Dec 16, 2023 | 2020 onwards, Applications, Automatic, Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, 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, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), TES - LRA 198, 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,...

Automatic termination clause: Severance pay fixed term

by GilesFiles | Sep 26, 2020 | 2020 onwards, Automatic, BCEA 1997 (LRL 10), Courts, Declaratory, Edwin Tlhotlhalemaje, Finance, Fixed-term, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Severance pay, Statutes (LRL 2)-work, 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,...

Automatic termination provision: Disguised conduct dismissal

by GilesFiles | Jul 22, 2020 | Applications, Associations/corporates, Automatic, CCMA awards, CCMA members, Courts, Evidence & onus, Fixed-term, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, 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,...

Dismissal: Invalid automatic termination clause

by GilesFiles | Nov 12, 2015 | 2015, Automatic, BM Whitcher, Causes and defences, Courts, General, Judges, Labour Court, Miscellaneous, Operation of law, Parties, Termination (LRL 8), TES - LRA 198, Words & phrases | 3 |

The Labour Court reviewed and set aside the award because the reason for the alleged mass dismissals was based on operational requirements and the CCMA lacked the jurisdiction to determine the dispute. An automatic termination...

Operational requirements considered: Service contract ended

by GilesFiles | Apr 17, 2015 | 2015, Automatic, Conduct & capability, Courts, ERelations (LRL 1), General, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 1995, LRA 8a: 185-197B Dismissal, Operation of law, Operational reasons, Parties, Severance pay, Statutes (LRL 2)-work, Termination (LRL 8), TES - LRA 198, Topics | 1 |

Satawu obo Dube v Fidelity Supercare Cleaning Services Group (Pty) Ltd (JS 879 / 10) [2015] ZALCJHB 129 ; [2015] 8 BLLR 837 ; (2015) 36 ILJ 1923; [2015] JOL 33144 (LC) (17 April 2015) per Mosime AJ The Labour Court held that...

Service provider agreement: Cancelled by client

by GilesFiles | Apr 17, 2015 | 2015, Applications, Automatic, BCEA 77(3) & 77A(e), Conduct & capability, Courts, Declaratory, Evidence & onus, Hospitality, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Practices (LRL 9), Private enterprises, Reinstatement, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions, Universities and schools | 0 |

Satawu obo Dube v Fidelity Supercare Cleaning Services Group (Pty) Ltd Service provider agreement cancelled and labour court found there was ample evidence to prove that the employer did everything to ensure that as many...

Executive director: Automatic termination of employment?

by GilesFiles | Jun 4, 2010 | 2014 and earlier, Automatic, Bill of Rights, Conduct & capability, Courts, General, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, LRA 3: 11-63 Bargain, LRA 8a: 185-197B Dismissal, Operation of law, Public policy, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

“… it is accepted in labour law jurisprudence that lawfulness cannot be equated with fairness”.

Category: Automatic