Lawfulness & fairness Archives - Page 5 of 78

Abscondment dismissal principles: Invalid unfair reason

by GilesFiles | Nov 11, 2026 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Balancing interests, Cause of action defined, Causes and defences, Codes, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fair procedure, Granted, Illness & injury, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Establish poor performance: Against known standard?

by GilesFiles | Nov 10, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Performance, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Voluntary separation packages: Concluded freely?

by GilesFiles | Nov 6, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 09: 198-213 General, LRA 1995, Mutual termination, Orders, Parties, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, self-created urgency, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Discrimination dispute not conciliated: Jurisdiction lacking?

by GilesFiles | Oct 30, 2026 | 2020 onwards, Associations/corporates, Cause of action defined, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Direct and indirect discrimination, Discrimination (LRL 11), EEA Chpt II ss 5-11, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Resignations, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), Topics | 0 |

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Misusing union funds: Abusing court processes?

by GilesFiles | Oct 19, 2026 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Edwin Tlhotlhalemaje, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Mining, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, staying proceedings, Struck off, Topics, Trade unions | 0 |

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Granting declaratory relief: Jurisdiction lacking?

by GilesFiles | Oct 16, 2026 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Cause of action defined, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, Unlawful and void | 0 |

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Suspending execution of order: Exemption s 18(3) of SCA?

by GilesFiles | Sep 25, 2026 | 2020 onwards, Applications, Cause of action defined, Causes and defences, Common law, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Finance, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Treatment of probabilities: Different credibility findings?

by GilesFiles | Sep 22, 2026 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct unbecoming, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Edwin Molahlehi, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Substance, Suspicion, Termination (LRL 8), Topics | 0 |

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Damages for unlawful termination: Limited to notice period?

by GilesFiles | Sep 21, 2026 | 2020 onwards, Anton Myburgh, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Cause of action defined, Causes and defences, Central, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs awarded, Courts, Damages, Declaratory, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, Notice requirements, Orders, Parties, Resolving disputes (LRL 3), Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Terms & conditions, Topics | 0 |

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Reasonable decision maker: Reasonable outcome?

by GilesFiles | Sep 15, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Finance, 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, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Suzanna Harvey, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Automatically unfair dismissal: Protected disclosure?

by GilesFiles | Sep 15, 2026 | 2020 onwards, Applications, AUD, Bill of Rights, Cause of action defined, Causes and defences, Compensation or damages, Conduct - gross, Costs, Costs not awarded, Courts, Damages, Disciplinary issues, Equal pay and value, 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, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Substance, Suzanna Harvey, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void | 0 |

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Disproportionate conduct response: Invalid unfair reason

by GilesFiles | Sep 1, 2026 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Cause of action defined, Causes and defences, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Government, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void | 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