Restructuring Archives

Lawful lockout confirmed: Changing terms & conditions

by GilesFiles | Nov 27, 2024 | 2020 onwards, AM - Labour Appeal Court, Appeals, Appeals - leave, Causes and defences, Collective Bargain (LRL 5), Courts, Declaratory, Disallowed, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 8b: 185-186(2) Practices, Management, Markets in SA, Operational reasons, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Prerogative, Private enterprises, Reforms required, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, Topics, Trade | 0 |

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Conciliate after facilitation: Because dispute still exists

by GilesFiles | Sep 10, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Objective - correctness, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Restructuring, Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Substantially fair terminations: Bumping and selection criteria

by GilesFiles | May 27, 2024 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Lockout/exclusion, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Manufacturing, Operational reasons, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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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Bumping and LIFO examined: “Fair go all round”

by GilesFiles | May 21, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sectors, Selected judges, 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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Operational requirements alternatives: Fixed-term contracts?

by GilesFiles | Apr 22, 2024 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Mining, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Breaching employment contracts: Changes imposed unilaterally

by GilesFiles | Apr 17, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 189 and 189A see Termination, MR Makhura, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Converting employment contracts: Unlawful rescission

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Government, Hearsay, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, Metro, Orders, Parties, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Successfully reviewing rulings: Jurisdiction lacking

by GilesFiles | Jan 5, 2024 | 2020 onwards, business rescue, Causes and defences, Central, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Restructuring, Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

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Administration of trade union: Resolving disputes

by GilesFiles | Dec 7, 2022 | 2020 onwards, Applications, Causes and defences, Conduct & capability, Contempt, Costs, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 6: 95-111 Unions, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Organisations (LRL 4), Parties, Personal services, Resolving disputes (LRL 3), Restructuring, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

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Automatically unfair dismissal: Unfair ulterior motive

by GilesFiles | Aug 22, 2022 | 2020 onwards, Applications, AUD, Causes and defences, Central, Conduct & capability, Costs, Courts, Declaratory, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Restructuring, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Category: Restructuring