Objective or correct Archives

Deeming employment provision: Objective review test

by GilesFiles | Oct 8, 2021 | 2020 +, Acting LC judges, Cause: contractual breach, Central, Common Law, Courts, deeming provision, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Objective or correct, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Condonation applications considered: Case law discussed

by GilesFiles | Sep 2, 2021 | 2020 +, Acting LC judges, Applications, Condonation, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Refused, Review tests, Rules, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Limited duration contracts: Absence of expectation

by GilesFiles | Aug 31, 2021 | 2020 +, Acting LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Fixed-term contracts, 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, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Reasonable expectation, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 0 |

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Calculating severance pay: Includes acting allowance?

by GilesFiles | Aug 23, 2021 | 2020 +, Appointed LC judges, BCEA 1997, Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Mining, Not awarded, Objective or correct, Operational reasons-189A, Orders, Orders re costs, Parties, Private security, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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CCMA lacked jurisdiction: Settlement agreement

by GilesFiles | Aug 13, 2021 | 2020 +, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Hospitality, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Private enterprises, Review tests, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Dispute beyond jurisdiction: Settlement agreement applied

by GilesFiles | Aug 13, 2021 | 2020 +, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Manufacturing, Not awarded, Objective or correct, Orders, Orders re costs, Parties, Review tests, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Temporary employment services - 198, Topics, Trade unions | 0 |

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Dismissal ruling considered: Adjudicating merits?

by GilesFiles | Aug 2, 2021 | 2020 +, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Hospitality, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Private enterprises, Review tests, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Deeming indefinite employment: LRA s 198B considered

by GilesFiles | Jul 16, 2021 | 2020 +, Appointed LC judges, Awards -s145, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Government, Judges, Jurisdiction and powers, 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, LRA Chpt: 9: s198-213 General provisions, Municipal, Objective or correct, Orders, Organs of state, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Bargaining council scope: Civil engineering industry

by GilesFiles | Jul 7, 2021 | 2020 +, André van Niekerk, Appointed LC judges, Bargaining councils, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Objective or correct, Orders, Orders re costs, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Totality | 0 |

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Demarcation determination award: Factors considered

by GilesFiles | Jun 30, 2021 | 2020 +, Appointed LC judges, Bargaining councils, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Totality, Transport & communication | 0 |

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Agency shop agreement: Requirements for validity

by GilesFiles | Jun 29, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Collective agreements, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Objective or correct, Orders, Parties, Private enterprises, Refused, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Unreasonable renewal expectation: Employer’s appeal upheld

by GilesFiles | Jun 29, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Duty to begin, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, Granted, Judges, Kate Savage, 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, Meaning of dismissal, Objective or correct, Orders, Parties, Reasonable expectation, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, 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,...

Category: Objective or correct