AUD Archives - GilesFiles

Age discrimination confirmed: Automatically unfair dismissal

by GilesFiles | Sep 16, 2024 | 2020 onwards, AUD, Bill of Rights, BM Whitcher, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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,...

Race discrimination confirmed: 24 months compensation awarded

by GilesFiles | Sep 2, 2024 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RN Daniels, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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,...

Going concern transferred: Automatically unfair dismissal

by GilesFiles | Jul 17, 2024 | 2020 onwards, Applications, AUD, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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 beyond retirement age: Automatically unfair dismissal

by GilesFiles | Nov 8, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Costs, Courts, Granted, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, MZN Lallie, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Selected judges, 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,...

Transferring business operations: Still going concern

by GilesFiles | Nov 3, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Maximum compensation awarded: Protected disclosure dismissal

by GilesFiles | Oct 18, 2023 | 2020 onwards, Appeals, Appeals - leave, AUD, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Reinstating protected strikers: Immunity not forfeited

by GilesFiles | Oct 17, 2023 | 2020 onwards, AUD, Bill of Rights, BM Whitcher, Causes and defences, Collective Bargain (LRL 5), Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Derivative action, Evidence & onus, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Strike - protected, Strikes - 64, 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,...

Age discrimination confirmed: Retrospective appointment and costs

by GilesFiles | Aug 14, 2023 | 2020 onwards, AUD, Conduct & capability, Costs, Courts, Inherent requirements, Judges, Labour Court, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Discriminating based on age: Automatically unfair

by GilesFiles | Jul 27, 2023 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Sectors, Selected judges, 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,...

Amending retirement age: Automatically unfair?

by GilesFiles | Jul 19, 2023 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Fixed-term, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, 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,...

Alleged cultural discrimination: Inherent job requirements

by GilesFiles | Jun 27, 2023 | 2020 onwards, AB - Law generally, AUD, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Covid-19 issues, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), H Rabkin-Naicker, Hearing procedure, ILO Convention 111/1958, ILO Conventions, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Policies - all, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Selected judges, 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,...

Prematurely terminating employment: Retirement age?

by GilesFiles | May 5, 2023 | AUD, CCMA awards, Conduct & capability, Courts, Fixed-term, Judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Retirement, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

RE v University of Fort Hare Does prematurely terminating a fixed-term employment contract signed before reaching retirement age deprive employers of right to rely on s 187(2)(b) of LRA? “[31] In Buthelezi v Municipal...

Category: AUD