Warnings Archives - GilesFiles

Misconstruing averments nature: Conduct or capacity?

by GilesFiles | Nov 21, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Consistency element, Contractual breach, Courts, Declaratory, Disciplinary action, Evidence & onus, Insights, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Orders, Parties, Performance, Personal services, Poor performance, Prerogative, Private enterprises, Resignations, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Seven occupational levels, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings, Work Science Institute, Zero tolerance | 0 |

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Final warnings validity: Inconsistency examined

by GilesFiles | Nov 6, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective action, Consistency element, Contractual breach, Courts, Declaratory, Disciplinary action, Evidence & onus, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Manufacturing, Misconduct & incapacity, Motor industry, MR Makhura, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, 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,...

Valid but unfair reason: Warnings and conduct

by GilesFiles | Nov 6, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disciplinary action, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Misconduct & incapacity, MR Makhura, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings | 0 |

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Valid but unfair reason: Reinstated with limited backpay

by GilesFiles | Oct 2, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Courts, Declaratory, Disciplinary action, Government, Insubordination, 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, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, 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,...

Common purpose and inconsistency: Mass dismissals fair

by GilesFiles | Jan 5, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective action, Consistency element, 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 |

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Terminating employment contracts: ILO Convention 158 & Experts Committee

by GilesFiles | Jan 3, 2024 | AA - Resources generally, AH - Labour Legislation & Rules, AL - ILO, Causes and defences, 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, Misconduct & incapacity, 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...

Unprotected strike participation: Conduct unacceptable

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, 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, Misconduct & incapacity, 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 |

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Constitutional equality right: Proof of discrimination?

by GilesFiles | Aug 12, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Declaratory, Delict, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, ILO Convention 111/1958, ILO Conventions, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Objective - correctness, Orders, Parties, Personal services, Policies - all, Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings | 0 |

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Reasonable outcomes considered: Review not appeal

by GilesFiles | Jan 22, 2021 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Courts, Evidence & onus, F Kathree-Setiloane, Gross misconduct, Hearing procedure, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Private security, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Warnings | 0 |

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Important mitigating factors: Progressive discipline

by GilesFiles | Dec 1, 2020 | 2020 onwards, Appeals, Courts, Disciplinary action, Hearing procedure, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Parties, Resolving disputes (LRL 3), Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication, Warnings | 0 |

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Ultimatum ensured return: Right to dismiss waived

by GilesFiles | Oct 1, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Collective Bargain (LRL 5), Courts, Declaratory, John Murphy, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Misconduct & incapacity, Orders, Parties, Power plays (LRL 6), Reinstatement, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Strike s68 unprotected, Termination (LRL 8), Topics, Trade unions, Warnings | 0 |

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Historical consistency examined: Distinguishing factors

by GilesFiles | Sep 30, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Banks, Causes and defences, Consistency element, Contractual breach, Costs, Courts, Evidence & onus, Finance, Gross misconduct, Insights, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Orders, Parties, 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, Warnings | 0 |

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Category: Warnings