Disciplinary action Archives

Legitimate operational response: Trust relationship destroyed

by GilesFiles | Mar 18, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Disciplinary action, Evidence & onus, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Mining, Operational reasons, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

Amcu v CCMA (Assmang – Blackrock Mine) When is dismissal related to conduct a legitimate operational response and a valid and fair reason to terminate services of employee with long service? [57] There can thus be little doubt...

Common purpose and inconsistency: Mass dismissals fair

by GilesFiles | Jan 5, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective action, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Limits - 65, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Power plays (LRL 6), Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Strikes - 64, Termination (LRL 8), Topics, Trade, Trust & confidence, Warnings | 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,...

Terminating employment contracts: ILO Convention 158 & Experts Committee

by GilesFiles | Jan 3, 2024 | AA Insights resources, AB Insights law, Causes and defences, Conduct & capability, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, ILO’s supervisory bodies, Insights, Labour Relations, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, LRA Sch 8: GP Code, Management, Operational reasons, Performance, Policies - all, Reports, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings, Work Science Institute | 0 |

Note on Convention No. 158 and Recommendation No. 166 concerning termination of employment Contents Preface. 1 Part I. Content of Convention No. 158 and Recommendation No. 166. 1 Definitions and concepts. 1 Termination. 1...

Delaying disciplinary measures: Compensation for unfair procedure

by GilesFiles | Nov 24, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capability, Contractual breach, Courts, Declaratory, Disciplinary action, Government, Gross misconduct, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Selected judges, State, State organs, 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,...

Diplomatic accreditation considered: Jurisdiction lacking to grant relief

by GilesFiles | Oct 12, 2023 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, LRA D: 151-166 LC, Orders, Parties, Refused, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, self-created urgency, State organs, 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,...

Reinstating lapsed referral: Balancing interests

by GilesFiles | Aug 24, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Disciplinary action, Discrimination (LRL 11), Evidence & onus, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LCP Manual, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Municipal, Orders, Parties, Refused, Resolving disputes (LRL 3), RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Natural justice governs: Right to be heard

by GilesFiles | Jun 9, 2023 | 2020 onwards, André van Niekerk, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Objective - correctness, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Zero tolerance policy: Range of responses

by GilesFiles | May 29, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Disciplinary action, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Mining, Orders, Parties, Policies - all, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Senior management positions: Relevant experience?

by GilesFiles | Apr 3, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Disciplinary action, District, Government, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Management, Municipal managers, Orders, Parties, Policies - all, Poor performance, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutory, Termination (LRL 8), Topics, Trust & confidence, Uniform HC, Urgency | 0 |

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Legality review explained: PAJA explained

by GilesFiles | Mar 10, 2023 | 2020 onwards, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Disciplinary action, Government, High Court, High Court judges, Judges, Legal Practice, Legality principle, Legislation, Orders, Parties, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, Statutory, Suspensions, 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,...

Applying progressive discipline: Overtime refusal?

by GilesFiles | Feb 13, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Evidence & onus, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Mining, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Unprotected strike participation: Conduct unacceptable

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Connie Prinsloo, Construction industry, Costs, Courts, Declaratory, Disciplinary action, Evidence & onus, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Management, Orders, Parties, Power plays (LRL 6), Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Termination (LRL 8), TES - LRA 198, Topics, Trust & confidence, Warnings | 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: Disciplinary action