Misconduct & incapacity Archives

Grossly negligent conduct: Valid and fair dismissal

by GilesFiles | Apr 2, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct unbecoming, Costs, Courts, Declaratory, Government, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC-Practice Manual, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Misconduct & incapacity, Orders, Parties, Personal services, Protect not punish, Provincial, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Model argument and award: Valid and fair dismissal reason

by GilesFiles | Mar 29, 2025 | AB1 - Fairness principle or concept, AL - ILO, Bill of Rights, Causes and defences, CCMA awards, Conduct unbecoming, Contractual breach, Declaratory, Disciplinary action, Evidence & onus, Gross misconduct, Harass & bully, ILO Conventions, Incompatibility, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Management, Managerial prerogative, Misconduct & incapacity, Orders, Parties, Performance, Policies - all, Private enterprises, Protect not punish, Risks, Sectors, Statutory, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute, Zero tolerance | 0 |

EMPLOYER MODEL ARGUMENT: Workplace bullying INTRODUCTION AND BACKGROUND 1. The employer employed a senior manager at a substantial annual salary and dismissed her on notice 8 months later. 2. The manager has challenged her...

Range of reasonable conclusions: Negligence not proved

by GilesFiles | Mar 27, 2025 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Mining, Misconduct & incapacity, Orders, Parties, Performance, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Zero tolerance | 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,...

Disobeying lawful instruction: Valid reason but unfair dismissal

by GilesFiles | Mar 20, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct unbecoming, Contractual breach, Courts, Declaratory, Disciplinary action, Evidence & onus, False assumptions, Hearing procedure, Insights, Insubordination, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Manufacturing, Misconduct & incapacity, Orders, Parties, Performance, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence, Warnings | 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,...

Breaching housing policy: Possibility of business harm?

by GilesFiles | Feb 27, 2025 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct unbecoming, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Operational reasons, Orders, Parties, Personal services, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, 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,...

Condoning late applications: Risk management response

by GilesFiles | Feb 25, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Condonation, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Government, Gross misconduct, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Orders, Parties, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, 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,...

Rehearing de novo ordered: Absence of complete record

by GilesFiles | Feb 25, 2025 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct unbecoming, Contractual breach, 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 C: 133-150 CCMA, Misconduct & incapacity, Orders, Parties, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, State organs, 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,...

Infringing rights considered: Declaratory relief not justified

by GilesFiles | Feb 18, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Misconduct & incapacity, Orders, Parties, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Reviewing substance and procedure: Arbitrator’s discretion?

by GilesFiles | Feb 18, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Conduct unbecoming, Contractual breach, Courts, Declaratory, Government, Gross misconduct, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Managerial prerogative, Misconduct & incapacity, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, State organs, 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,...

Dishonestly selling stock: Evidence and legal principles

by GilesFiles | Feb 6, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Gross misconduct, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication, 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,...

Incapacity related termination: Injured on duty in mine

by GilesFiles | Feb 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Courts, Declaratory, Evidence & onus, Illness & injury, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Managerial prerogative, Mining, Misconduct & incapacity, 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 | 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,...

Condoning late delivery: All relevant factors considered

by GilesFiles | Jan 30, 2025 | 2020 onwards, Appeals - leave, Applications, Awards -s145 see also Sidumo, Causes and defences, Condonation, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules-old, leave to appeal, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, 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: Misconduct & incapacity