Intolerable Archives

Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, 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,...

Operational necessity justification: Trust relationship eroded

by GilesFiles | Aug 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Granted, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, 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,...

Conduct related dismissals: Valid and fair reasons

by GilesFiles | Aug 6, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, 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, Management, Managerial prerogative, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Rob Stelzner, Sectors, Sidumo - see also awards s 145, 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,...

Intolerable continued relationship: Compensation not reinstatement

by GilesFiles | Jun 19, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Overturning unreasonable judgment: Damaging working relationship

by GilesFiles | Apr 17, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

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 |

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,...

Strike-related misconduct: Dysfunction system?

by GilesFiles | Dec 17, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct - gross, Conduct & capacity, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Hearing procedure, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 04: 64-77 Strikes, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, LRA 67 protected strike, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, 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,...

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 |

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,...

Retrospective reinstatement ordered: Test is objective

by GilesFiles | Feb 7, 2024 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Declaratory, Edwin Molahlehi, Government, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, 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,...

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 |

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,...

Reinstatement principles considered: Inappropriate or impractical?

by GilesFiles | Dec 14, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Edwin Molahlehi, Government, Granted, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Reinstatement, Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, 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,...

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 |

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: Intolerable