Poor performance Archives

Trial period examined: Jurisdiction confirmed

by GilesFiles | May 8, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capability, Contractual breach, Courts, Declaratory, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Orders, Parties, Pleadings, Poor performance, Resolving disputes (LRL 3), Rules Codes & Manual, 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,...

Interpreting (in)capacity and (mis)conduct: LRA and ILO Convention 158

by GilesFiles | Jan 3, 2024 | AA - Resources generally, AB - Law generally, ABB - Fairness principle or concept, AH - Labour Legislation, AJ - General, Conduct & capability, ILO Convention 158/1982, ILO Conventions, Insights, Lawfulness & fairness, Poor performance, Risks, Termination (LRL 8), Trust & confidence | 0 |

ChatGPT ‘executive’ summary The provided text discusses the concept of probationary periods for employees and the legal considerations related to dismissals during this period. It draws comparisons between South...

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 |

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,...

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 |

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,...

Serious unbecoming conduct: Trust relationship destroyed

by GilesFiles | Aug 21, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, BC and HOAs, Causes and defences, Community schemes, Conduct & capability, Contractual breach, Courts, Declaratory, Gross misconduct, Hospitality, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Poor performance, 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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Two-stage review test: Zero-tolerance applied

by GilesFiles | Aug 11, 2023 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Poor performance, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence, Zero tolerance | 0 |

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Operating procedure negligence: Absence of standard procedure?

by GilesFiles | Aug 10, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Courts, Declaratory, Gross misconduct, Insubordination, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Personal services, Poor performance, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Prolonged work absence: Valid and fair reason

by GilesFiles | Jul 17, 2023 | 2020 onwards, Conduct & capability, Costs, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Operational reasons, Orders, Parties, Poor performance, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Settlement agreement disputed: Unlawful or unenforceable?

by GilesFiles | Jun 7, 2023 | 2020 onwards, Applications, Causes and defences, Compatible & competent, Conduct & capability, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Poor performance, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Settlement agreements, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Performance standards contravened: Hearsay evidence

by GilesFiles | Apr 17, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Courts, Declaratory, Hearsay, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Management, Manufacturing, Orders, Parties, Polygraph test, Poor performance, Private enterprises, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Senior management positions: Relevant experience?

by GilesFiles | Apr 3, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Disciplinary action, District, Government, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Management, Municipal managers, Orders, Parties, Policies - all, Poor performance, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutory, Termination (LRL 8), Topics, Trust & confidence, Uniform HC, Urgency | 0 |

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Performance standards considered: Incapacity related

by GilesFiles | Mar 16, 2023 | 2020 onwards, ABB - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Hearing procedure, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA C: 133-150 CCMA, Operational reasons, Orders, Parties, Poor performance, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State Owned Enterprises, 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,...

Category: Poor performance