Objective or correct Archives

Jurisdiction to arbitrate dispute: LRA 186(2)(a) re benefits

by GilesFiles | May 11, 2022 | 2020 +, Applications, Appointed LC judges, BCEA 1997, Benefits - 186(2)(a), Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Electricity, Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, MZN Lallie, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Review tests, Rules, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Statutory, Topics | 0 |

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Assessing mental health: Context of constructive dismissal

by GilesFiles | May 4, 2022 | 2020 +, Appointed LC judges, Bill of Rights, Constructive, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Finance, H Rabkin-Naicker, Holistic evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

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Intolerable conduct or behaviour: Failure to complain

by GilesFiles | Apr 29, 2022 | 2020 +, Acting LC judges, Constructive, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt VI ss 53-65, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Objective or correct, Onus of proof, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 0 |

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Determining remuneration package: NMWA and commission

by GilesFiles | Mar 15, 2022 | 2020 +, Acting LC judges, Awards -s145, Basic Conditions (LRL 10), BCEA 1997, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Finance, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Management, Objective or correct, Orders, Orders re costs, Parties, Policies - strategies - tactics, Private enterprises, Regulations, Remuneration, Review tests, Sectors, Statutes (LRL 2) - work law, Statutory, Topics | 0 |

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Dismissal not proved: Employment not intolerable

by GilesFiles | Feb 7, 2022 | 2020 +, Appointed LC judges, Causes of action, Constructive, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, MPN Nkutha-Nkontwana, Not awarded, Objective or correct, Onus of proof, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Trade | 0 |

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Award made order: Trust and trustees bound

by GilesFiles | Jan 18, 2022 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, General, Interpretation and application, Joinder of parties, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rules, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, P Coppin, Parties, Plascon-Evans rule, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics, Transport & communication, Uniform High Court | 0 |

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Compulsory arbitration agreement: compliance required

by GilesFiles | Dec 13, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Arbitration agreement, Causes of action, Contractual breach, Courts, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Finance, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Private arbitration, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, staying proceedings and execution, Topics | 0 |

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Project bonus accrued: Forfeiture not allowed

by GilesFiles | Dec 10, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Causes of action, Construction industry, Contractual breach, Courts, Disallowed, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Review tests, Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Inquisitorial approach faulted: Perception of bias

by GilesFiles | Dec 6, 2021 | 2020 +, Appointed LC judges, Causes of action, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, General, Government, H Rabkin-Naicker, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Municipal, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Deeming indefinite duration: LRA s198B(5) fixed-term contracts

by GilesFiles | Nov 29, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Courts, deeming provision, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Manufacturing, Not awarded, Objective or correct, Operation of law, Orders, Orders re costs, P Coppin, Parties, prescription, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 0 |

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Unreasonable renewal expectation: Morphing of agreement?

by GilesFiles | Nov 25, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Causes of action, Courts, deeming provision, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, General, Government, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Objective or correct, Onus of proof, Orders, Orders re costs, Organs of state, P Coppin, Parties, Provincial, Reasonable expectation, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Condoning late application: Delay and good cause

by GilesFiles | Nov 3, 2021 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Causes of action, Central, Contractual breach, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, P Coppin, Parties, prescription, Res judicata (issue estoppel), Review tests, Sectors, Statutes (LRL 2) - work law, Statutory, Topics, Trade unions | 0 |

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Category: Objective or correct