Lawfulness & fairness Archives

Automatic termination clause: Limited duration contracts

by GilesFiles | Jul 31, 2024 | 2020 onwards, Automatic, Causes and defences, Costs, Courts, Declaratory, Deemed, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, LRA D: 151-166 LC, Mining, 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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Participating in gross misconduct: Violent protest and hostages

by GilesFiles | Jul 17, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct & capability, Contractual breach, Courts, Delict, Derivative action, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Strike s68 unprotected, Strikes - 64, Termination (LRL 8), Topics | 0 |

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Going concern transferred: Automatically unfair dismissal

by GilesFiles | Jul 17, 2024 | 2020 onwards, Applications, AUD, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Reynaud Neil Daniels, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Unilateral employment changes: Retrospective reinstatement

by GilesFiles | Jul 12, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Kelsey Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Reinstatement, 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 | 0 |

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Misconduct defined and explained: Arbitrary and irrational decision-making

by GilesFiles | Jun 28, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disallowed, Government, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LP Tlaletsi, Orders, PA Meyer, Parties, Review tests, Rules Codes & Manual, SCA judges, Sectors, Selected judges, State Owned Enterprises, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

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Unilateral salary reduction: Employment contract breached

by GilesFiles | Jun 26, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Pre-dismissal arbitration: Alleged unlawful termination

by GilesFiles | Jun 21, 2024 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Kelsey Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Metro, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, Topics | 0 |

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Leadership competency assessment: Appointment set aside

by GilesFiles | Jun 5, 2024 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, District, Government, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutory, Termination (LRL 8), Topics | 0 |

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Applying LRA 198A(18): Majority judgment

by GilesFiles | May 21, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Restructuring, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Restructuring and selection criteria: LRA s 189A(13) & (18)

by GilesFiles | May 21, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, OL Rogers, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Restructuring, Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Settling under duress: Proof of dismissal?

by GilesFiles | May 20, 2024 | 2020 onwards, Applications, BM Whitcher, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, 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, Mutual termination, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Unprotected strike action: Defective strike notice

by GilesFiles | May 13, 2024 | 2020 onwards, Applications, Causes and defences, Central, Collective action, Collective Bargain (LRL 5), Confirmed, Contractual breach, Costs, Courts, Declaratory, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules, Legal Practice, Legislation, Limits - 65, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Operational reasons, Orders, Parties, Power plays (LRL 6), Refused, Resolving disputes (LRL 3), RGO Lagrange, Rule nisi, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, Termination (LRL 8), Terms & conditions, 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: Lawfulness & fairness