Balancing interests Archives

Conduct worthy of dismissal: Inappropriate language?

by GilesFiles | Mar 24, 2026 | 2020 onwards, Agriculture, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, GN Moshoana, Insolence and disrespect, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Transferring going concern: Legality principle?

by GilesFiles | Mar 10, 2026 | 2020 onwards, Balancing interests, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 197 - transfers, LRA 1995, Metro, MZN Lallie, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Reasonableness of CCMA award: On evidence presented

by GilesFiles | Feb 18, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Provincial, Public Protector, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Unlawful and void | 0 |

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Anticipating large-scale retrenchment: Condonation refused

by GilesFiles | Feb 10, 2026 | 2020 onwards, Balancing interests, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 1995, Mining, MZN Lallie, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Zero-tolerance alcohol policy: Reasonable band test

by GilesFiles | Feb 10, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Consistency element, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, MR Makhura, Orders, Parties, Personal services, Policies - all, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suspicion, Termination (LRL 8), Topics, Unlawful and void, Warnings | 0 |

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Consulting directly with employees: Large-scale dismissals

by GilesFiles | Feb 6, 2026 | 2020 onwards, Balancing interests, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, MZN Lallie, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Retrospective reinstatement with backpay: Invalid dismissal reason

by GilesFiles | Jan 30, 2026 | 2020 onwards, 64-77 Strikes, 65 limitations, 68 strike unprotected, Appeals, Balancing interests, Causes and defences, Collective action, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Selection criteria considered: Agreement not required?

by GilesFiles | Jan 28, 2026 | 2020 onwards, Applications, Balancing interests, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 189 and 189A see Termination, LRA 09: 198-213 General, LRA 1995, Minute: pre-trial or arb, MR Makhura, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Unprotected strike action: Valid and fair dismissals

by GilesFiles | Jan 21, 2026 | 2020 onwards, 68 strike unprotected, Balancing interests, Causes and defences, Conduct - gross, 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, LRA Sch 8: GP Code, Manufacturing, 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 |

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Trust relationship destroyed: Dismissal not unreasonable

by GilesFiles | Jan 19, 2026 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Disciplinary issues, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, Trust & confidence, Zero tolerance | 0 |

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Insolence and intemperate language: Progressive discipline required

by GilesFiles | Jan 5, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Evidence & onus, Insolence and disrespect, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Metro, Orders, Parties, Progressive, Protect not punish, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Commercial rationale for outsourcing: Full compensation awarded

by GilesFiles | Dec 29, 2025 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 197 - transfers, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, 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,...

Category: Balancing interests