Constructive: 186(1)(e) Archives - Page 2 of 12

Constructive dismissal unproved: Objective test applied

by GilesFiles | Jul 9, 2026 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), 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, Objective - correctness, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade | 0 |

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Anticipated or future intolerability: Constructive dismissal?

by GilesFiles | Feb 24, 2026 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Anticipated or future intolerability: Dissenting judgment

by GilesFiles | Feb 24, 2026 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Disallowed, Discrimination (LRL 11), Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, M Madlanga, Orders, Parties, Personal services, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Constructive dismissal alleged: Intolerability test?

by GilesFiles | Sep 11, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Two causes of action: Lis alibi pendens?

by GilesFiles | Jul 10, 2025 | 2020 onwards, Balancing interests, BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Constructive: 186(1)(e), Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, lis alibi pendens, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Micro enterprises, MR Makhura, Orders, Parties, Personal services, Private enterprises, Refused, Res judicata (issue estoppel), Resignations, Resolving disputes (LRL 3), Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Creating intolerable conditions: Constructive dismissal proved

by GilesFiles | Mar 28, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Associations/corporates, Bill of Rights, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Declaratory, Evidence & onus, General, Harass & bully, Hearsay, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Managerial prerogative, Objective - correctness, Orders, Parties, Personal services, Resignations, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Work Science Institute | 0 |

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Granting condonation examined: Justice and fairness interests

by GilesFiles | Nov 28, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Condonation, Constructive: 186(1)(e), Costs, Courts, Declaratory, Direct and indirect discrimination, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Disclosing relevant documents: Affecting reasonable expectation

by GilesFiles | Aug 22, 2024 | 2020 onwards, Access to information, Appeals, Appeals - leave, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Declaratory, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Mining, Orders, Parties, Personal Information, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Constructive dismissal examined: Covid-related issues

by GilesFiles | Feb 20, 2024 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Courts, Covid-19 issues, Declaratory, Insights, 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, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Oppressive work relationship: Constructive dismissal confirmed

by GilesFiles | Jan 18, 2024 | 2020 onwards, Banks, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Courts, Declaratory, Finance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, RGO Lagrange, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Constructive dismissal considered: Intolerability not proved

by GilesFiles | Aug 17, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capacity, Constructive: 186(1)(e), Costs, Courts, Evidence & onus, Finance, Interpretation etc, Intolerable, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 2 |

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Constructive dismissal considered: Subjective or objective test?

by GilesFiles | Jun 19, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Constructive: 186(1)(e), Costs, Courts, Declaratory, Intolerable, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resignations, Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Category: Constructive: 186(1)(e)