Insubordination Archives

Gross insubordination considered: Lawful instructions disobeyed?

by GilesFiles | Dec 6, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct & capability, Conduct unbecoming, Courts, Customary Law, Declaratory, Evidence & onus, Gross misconduct, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Misconstruing averments nature: Conduct or capacity?

by GilesFiles | Nov 21, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, 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, 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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Destroyed trust relationship: Senior executive’s conduct

by GilesFiles | Nov 19, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Compatible & competent, Conduct & capability, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Finance, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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, Conduct & capability, 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, 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 |

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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 & capability, 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, 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 |

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Dishonest negligent conduct: Option of demotion?

by GilesFiles | Aug 16, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Government, Gross misconduct, Insubordination, 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, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Flouting important rules: Head of prison

by GilesFiles | Apr 11, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, B Waglay, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disallowed, Government, Gross misconduct, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Orders, Parties, Protect not punish, 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, Zero tolerance | 0 |

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Retrospective reinstatement granted: True purpose of LRA?

by GilesFiles | Jan 16, 2024 | 2020 onwards, Causes and defences, Contractual breach, Courts, Declaratory, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Insubordination and duty dereliction: Mining safety risked

by GilesFiles | Oct 13, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Evidence & onus, Insubordination, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Mining, Orders, Parties, Poor performance, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Dereliction of caring duties: Sick train assistant

by GilesFiles | Oct 13, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Government, Gross misconduct, Hearsay, Insubordination, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Poor performance, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Deserting workplace evaluated: Valid and fair dismissal

by GilesFiles | Oct 13, 2023 | 2020 onwards, Absenteeism, BM Whitcher, Conduct & capability, Costs, Courts, Insubordination, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

Category: Insubordination