Conduct - gross Archives

Detained and released employee: Compensated not reinstated?

by GilesFiles | Oct 27, 2025 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs not awarded, Courts, Declaratory, Evidence & onus, General, 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 193, LRA 194, LRA 1995, Operation of law, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Insolence or insubordination: Justifying summary termination?

by GilesFiles | Oct 17, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Disobeying reasonable instruction: Valid and fair dismissal

by GilesFiles | Aug 18, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Hospitality, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, RN Daniels, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Operational necessity justification: Trust relationship eroded

by GilesFiles | Aug 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Granted, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Conduct related dismissals: Valid and fair reasons

by GilesFiles | Aug 6, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Managerial prerogative, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Rob Stelzner, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Breaching picketing rules: Some reinstated retrospectively

by GilesFiles | May 28, 2025 | 2020 onwards, AB1 - Fairness principle or concept, André van Niekerk, Appeals, Appeals - leave, Balancing interests, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Conduct - gross, Contractual breach, Courts, Declaratory, Disciplinary action, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 04: 64-77 Strikes, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Unprotected strike misconduct: Inadequate assessment?

by GilesFiles | May 16, 2025 | 2020 onwards, Causes and defences, Conduct - gross, Consistency element, Contractual breach, Costs not awarded, Courts, Declaratory, Derivative action, Differentiation not discrimination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-77 Strikes, LRA 1995, LRA 68 strike unprotected, Mining, Orders, Parties, Power plays (LRL 6), Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, Termination (LRL 8), Topics | 0 |

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Contrived contractual breach: Lawful disciplinary process

by GilesFiles | Apr 14, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct - gross, Contractual breach, Costs, Courts, Declaratory, Edwin Tlhotlhalemaje, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Sectors, self-created urgency, Settlement agreements, Specific performance, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Alleged intimidation considered: Award not reviewable

by GilesFiles | Apr 10, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Destroying trust relationship: Grossly negligent conduct

by GilesFiles | Apr 7, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Performance, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Trusting municipal managers: Confidence destroyed

by GilesFiles | Apr 7, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Consumer protection, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Legitimate expectations, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Municipal, Municipal managers, Orders, Parties, Performance, Protectable interests, Public policy, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 0 |

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Category: Conduct – gross