Conduct & capacity Archives

Substantively unfair dismissal: Reinstatement ordered

by GilesFiles | Dec 2, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Disputes: factual, Evidence & onus, Fair procedure, Granted, Harass & bully, 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 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Universities and schools, Unlawful and void | 0 |

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Proving gross negligence: No acceptable evidence

by GilesFiles | Nov 27, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Declaratory, Disputes: right or interest, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trade, Unlawful and void | 0 |

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Insubordination or insolence: Not unreasonable award

by GilesFiles | Sep 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Conduct & capacity, Conduct unbecoming, Construction industry, Contractual breach, Courts, Declaratory, False assumptions, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Incompatibility defined & considered: Averments not sustained

by GilesFiles | Sep 3, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capacity, Conduct unbecoming, Costs, Courts, Declaratory, Incompatibility, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Reviewing arbitration awards: Risk management response

by GilesFiles | Sep 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Management, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Disobeying reasonable instruction: Valid and fair dismissal

by GilesFiles | Aug 18, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Hospitality, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, 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, Private enterprises, Resolving disputes (LRL 3), Review tests, RN Daniels, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Testing positive for alcohol: Zero tolerance policy?

by GilesFiles | Jul 14, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Reinstatement, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Intolerable continued relationship: Compensation not reinstatement

by GilesFiles | Jun 19, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Breaching good faith: Failure to report fraud

by GilesFiles | Jun 18, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Finance, 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, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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

by GilesFiles | Jun 6, 2025 | AA - Resources generally, AB - Law generally, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AJ - General, Conduct & capacity, ILO Convention 158/1982, ILO Conventions, Insights, Lawfulness & fairness, Performance, Risks, Termination (LRL 8), Trust & confidence | 0 |

Probationary or trial periods: Executive summary Discussion of the concept of probationary periods for employees and the legal considerations related to dismissals during this period. It draws comparisons between South African...

Multiple instances of misconduct: Special pleas upheld

by GilesFiles | Jun 5, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, B Waglay, Causes and defences, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, 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, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Upholding reinstatement award: Final warning sufficient

by GilesFiles | Jun 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, BC and HOAs, Causes and defences, Community schemes, Conduct & capacity, Conduct unbecoming, Courts, Declaratory, False assumptions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Non-profit organisations, Orders, Parties, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

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Category: Conduct & capacity