Mutual termination Archives

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, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Special pleas, 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,...

Binding separation agreements: Probabilities before credibility

by GilesFiles | Apr 11, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Common law, Consistency element, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Mutual termination, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Private security, Review tests, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), TES - LRA 198, 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,...

Collective settlement agreement: Termination by agreement

by GilesFiles | Dec 1, 2023 | 2020 onwards, Applications, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, Manufacturing, Mutual termination, Orders, Parties, Private enterprises, Sectors, Special pleas, 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,...

Mutual termination of employment: Declaratory order

by GilesFiles | Aug 29, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Mutual termination, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Settlement agreements, Termination (LRL 8), Topics | 0 |

Centlec (Soc) Ltd v Nkomo Mutual termination of employment and what are requirements for granting a declaratory order to enforce the terms thereof? “[30] In my view, what is at issue here is Centlec’s contractual right to...

CCMA lacked jurisdiction: Settlement agreement

by GilesFiles | Aug 13, 2021 | 2020 onwards, BM Whitcher, Courts, Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Mutual termination, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, Settlement agreements, Special pleas, 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,...

Settling disputes finally: Special plea upheld

by GilesFiles | May 27, 2021 | 2020 onwards, Applications, Causes and defences, Contractual breach, Courts, Declaratory, EEA 1998, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Mutual termination, Orders, Parties, Sectors, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Universities and schools | 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,...

Tax directive considered: No severance benefits

by GilesFiles | Mar 12, 2021 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, High Court, High Court judges, Insights, Interpretation etc, Judges, Legal Practice, Management, Mutual termination, Orders, Parties, Policies - all, Private enterprises, Resignations, Sectors, Settlement agreements, Termination (LRL 8), Topics | 0 |

T v Exclusive Books Group (Pty) Ltd Tax directive considered by high court and decided that employment was not terminated because of reaching 55 years of age and therefore his receipt of the money had nothing to do with his age...

Mutual separation package: Vulnerable employees exploited?

by GilesFiles | Aug 11, 2020 | 2020 onwards, André van Niekerk, Applications, Courts, Declaratory, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Mining, Mutual termination, Orders, Parties, Refused, Sectors, Settlement agreements, Special pleas, 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,...

Agreement ending employment: Cause of action?

by GilesFiles | Jun 13, 2019 | 2019, BCEA 77(3) & 77A(e), Courts, General, Incompatibility, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, Management, Mutual termination, Performance, Policies - all, Roland Sutherland, Sectors, Settlement agreements, 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,...

Unreasonable award considered: Straining limits

by GilesFiles | Nov 25, 2016 | 2016, AB - Law generally, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Courts, Insights, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Misconduct & incapacity, Mutual termination, Review tests, Risks, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 4 |

G4S Secure Solutions (SA) (Pty) Ltd v Ruggiero NO (CA2/2015) [2016] ZALAC 55 ; (2017) ILJ 881 ; [2016] JOL 37028 (25 November 2016) per Savage AJA (Waglay JP and Landman JA concurring) The LAC allowed the employer’s appeal and...

Second generation outsourcing: Binding separation agreement

by GilesFiles | Feb 12, 2016 | 2016, Anton Myburgh, Causes and defences, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mutual termination, Settlement agreements, 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,...

Separation agreement: Subject to public policy and control

by GilesFiles | Feb 7, 2016 | 2016, Bill of Rights, Causes and defences, Contractual breach, Courts, Judges, Kate Savage, Labour Appeal Court, LAC judges, Mutual termination, Public policy, Settlement agreements, Termination (LRL 8), Thought Leaders, Topics | 3 |

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: Mutual termination