Illness & injury Archives

Incapacity and ill-health: Absence of alternatives

by GilesFiles | Jul 18, 2024 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Condonation, Conduct & capability, Courts, Declaratory, Evidence & onus, Government, Illness & injury, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Metro, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, 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,...

Disability discrimination considered: Proof not adduced

by GilesFiles | Mar 22, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Central, Conduct & capability, Connie Prinsloo, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, Government, Hearing procedure, Illness & injury, ILO Convention 111/1958, ILO Conventions, Inherent requirements, Insights, Interpretation etc, Judges, 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), Risks, Sectors, State Owned Enterprises, 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,...

Positive drug tests: Dismissal and discrimination claims

by GilesFiles | Jun 1, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Illness & injury, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Manufacturing, Orders, Parties, Policies - all, Poor performance, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Medical boarding procedure: Failure to consider

by GilesFiles | Mar 1, 2022 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, District, Evidence & onus, Government, Hearing procedure, Illness & injury, 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, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, State organs, 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,...

Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, GN Moshoana, Government, Illness & injury, ILO Convention 158/1982, ILO Conventions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State organs, State Owned Enterprises, 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,...

Salary award misconceived: Set aside on appeal

by GilesFiles | Dec 10, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Conduct & capability, Costs, Courts, Declaratory, Dennis Davis, Government, Illness & injury, Irregular proceeding, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Municipal, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Settlement agreements, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Providing adequate security: Unfair procedure compensated

by GilesFiles | Jul 27, 2021 | 2020 onwards, Awards -s145 see also Sidumo, Conduct & capability, Costs, Courts, Evidence & onus, Government, Hearing procedure, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Municipal, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Security s145, State organs, 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,...

Employee assistance program: Premature dismissal

by GilesFiles | Aug 27, 2020 | 2020 onwards, Awards -s145 see also Sidumo, Conduct & capability, Courts, Declaratory, Illness & injury, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legitimate expectations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 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,...

Mental health illness: Depression and discrimination

by GilesFiles | Jul 21, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Conduct & capability, Courts, Discrimination (LRL 11), Evidence & onus, Illness & injury, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Prerogative, Resolving disputes (LRL 3), 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,...

Dismissing poor performers: Valid and fair reason

by GilesFiles | Jun 26, 2020 | 2020 onwards, Awards -s145 see also Sidumo, Conduct & capability, Courts, Illness & injury, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, MPN Nkutha-Nkontwana, Parties, Performance, Poor performance, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, 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,...

Injury related dismissal: Valid and fair reason

by GilesFiles | Aug 15, 2019 | 2019, Conduct & capability, Courts, Illness & injury, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Resolving disputes (LRL 3), Sectors, 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,...

Conflicting medical certificates: Capacity related dismissal

by GilesFiles | Jun 27, 2019 | 2019, Conduct & capability, Courts, Illness & injury, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

Parexel International (Pty) Ltd v Chakane NO Conflicting medical certificates provided by different medical practitioners and the absence of any indication of when the employee would return to work meant that after 9 months...

Category: Illness & injury