Compatible & competent Archives

Protected: Model argument and award: Valid and fair dismissal reason

by GilesFiles | Dec 31, 2024 | ABB - Fairness principle or concept, AL - ILO, Bill of Rights, Causes and defences, CCMA awards, Compatible & competent, Conduct & capability, Conduct unbecoming, Contractual breach, Declaratory, Disciplinary action, Evidence & onus, Gross misconduct, Harass & bully, ILO Conventions, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Management, Orders, Parties, Performance, Policies - all, Prerogative, Private enterprises, Protect not punish, Risks, Sectors, Statutory, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute, Zero tolerance | 0 |

Destroyed trust relationship: Senior executive’s conduct

by GilesFiles | Nov 19, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Compatible & competent, Conduct & capability, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Finance, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, 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,...

Settlement agreement disputed: Unlawful or unenforceable?

by GilesFiles | Jun 7, 2023 | 2020 onwards, Applications, Causes and defences, Compatible & competent, Conduct & capability, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, Local, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Poor performance, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Settlement agreements, State organs, 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,...

Operational requirements paramount: Covid-19 vaccine

by GilesFiles | May 9, 2022 | Bill of Rights, Causes and defences, CCMA awards, CCMA members, Compatible & competent, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Operational reasons, Orders, Parties, Personal services, Policies - all, Poor performance, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

B v Baroque Medical (Pty) Ltd When do operational requirements become paramount and a valid and fair reason to terminate employment on notice? “[55] The risk assessment and subsequent imposition of the mandatory policy as well...

High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Compatible & competent, ConCourt judges, Conduct & capability, Constitutional Court, Costs, Courts, Dignity equality freedom, Evidence & onus, Government, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Municipal, Orders, Parties, Poor performance, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, SV Khampepe, 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,...

Dismissal separate proceedings: Adjudicate and arbitrate

by GilesFiles | May 28, 2020 | 2020 onwards, Appeals, Appeals - leave, Compatible & competent, Conduct & capability, Courts, Dennis Davis, Disallowed, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Non-profit organisations, Orders, Parties, Poor performance, Resolving disputes (LRL 3), Risks, Special pleas, State Owned Enterprises, 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,...

Grossly irregular award: Negligence serious

by GilesFiles | Mar 3, 2020 | 2020 onwards, Awards -s145 see also Sidumo, Compatible & competent, Conduct & capability, Courts, Edwin Tlhotlhalemaje, Evidence & onus, Gross misconduct, Hearsay, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Parties, Poor performance, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, State organs, State Owned Enterprises, 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,...

Incompatibility or incapacity: Procedural unfairness compensated

by GilesFiles | Feb 11, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Compatible & competent, Conduct & capability, Costs, Courts, John Murphy, Judges, Just and equitable, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Poor performance, Private enterprises, Resolving disputes (LRL 3), Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk Incompatibility or incapacity a valid and fair reason to dismiss but when employer contemplated dismissal based on operational requirements it was unfair not to follow a...

Material contractual breach: Abandoning procedure?

by GilesFiles | Dec 4, 2019 | 2019, Applications, Associations/corporates, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Compatible & competent, Conduct & capability, Contractual breach, Costs, Courts, Gross misconduct, Hearing procedure, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Non-profit organisations, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Risks, Sectors, Specific performance, 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,...

Agreement ending employment: Cause of action?

by GilesFiles | Jun 13, 2019 | 2019, BCEA 77(3) & 77A(e), Compatible & competent, Courts, General, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, Management, Mutual termination, Policies - all, Poor performance, Roland Sutherland, Sectors, Settlement agreements, 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,...

Security clearance denied: Impossibility or incapacity?

by GilesFiles | Nov 27, 2018 | 2018, Causes and defences, Central, Compatible & competent, Conduct & capability, Courts, False assumptions, Impossible or illegal, Inherent requirements, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, LRA 8a: 185-197B Dismissal, MV Phatshoane, Operation of law, Resolving disputes (LRL 3), Risks, Roman Dutch law, Sectors, 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,...

Applying progressive discipline: Incompatibility destroyed trust

by GilesFiles | Oct 11, 2018 | 2018, Compatible & competent, Conduct & capability, Courts, Dennis Davis, Disciplinary action, Gross misconduct, Hearing procedure, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operational reasons, Poor performance, Resolving disputes (LRL 3), Review tests, Risks, Sectors, 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: Compatible & competent