Objective Archives | GilesFiles

Precautionary suspension unfair: Compensation awarded

by GilesFiles | Dec 11, 2019 | 2019, Acting LAC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, F Kathree-Setiloane, Government - municipal, Judges, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 8b: s185-186(2) Labour practices, Objective, Parties, Public Service, Review tests, Sectors, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), 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,...

Retirement age dispute: Revised employment contract

by GilesFiles | Nov 25, 2019 | 2019, Acting LAC judges, Appeals, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Bill of Rights, Common Law, Courts, Dismissal: general, Dismissal: operation of law, Dispute Resolution (LRL 3), F Kathree-Setiloane, 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, Objective, Organs of state, Parties, Public Service, Retirement age, Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

Jurisdictional ruling considered: Mootness and review test

by GilesFiles | May 17, 2019 | 2019, André van Niekerk, Appointed LC judges, Condonation, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mootness, Objective, Orders re costs, Refused, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Statutes (LRL 2) - work law, Topics | 0 |

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Reviewing CCMA awards: Answering seven questions

by GilesFiles | May 16, 2019 | Awards -s145, Dispute Resolution (LRL 3), Insights, Labour Relations, Legal Practice, Objective, Review tests, Sidumo - reasonableness, Thresholds, Topics | 0 |

When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not...

Correctness test applied: No dismissal no jurisdiction

by GilesFiles | May 13, 2019 | 2019, Appointed LC judges, Courts, Dismissal: proof required, Dismissal: Reasonable expectation, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Fixed-term contracts, Government - municipal, 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, Objective, Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

Getting your way: Constructive dismissal not proved

by GilesFiles | Mar 8, 2019 | 2019, Acting LAC judges, Courts, Dismissal: constructive, Dismissal: proof required, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LRA Chpt: 7: s112-184 Dispute resolution, Objective, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

Solidarity obo Van Tonder v Armaments Corporation of SA (Soc) Ltd Getting your way does not entitle an employee to resign and claim constructive dismissal without allowing the grievance procedure to be completed. “In...

Fairness implies validity: Look back and then forward

by GilesFiles | Jan 16, 2019 | Basic Conditions (LRL 10), BCEA 1997, Common Law, Dismissal: general, Dismissal: gross misconduct, Dismissal: invalid or unfair reason, Dismissal: operational requirements, Dismissal: without forfeiting rights, Dispute Resolution (LRL 3), Insights, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, Objective, Statutes (LRL 2) - work law, Topics | 0 |

It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees...

Operational funding challenges: Thwarted renewal expectation

by GilesFiles | Nov 8, 2018 | 2018, Appointed LC judges, Courts, Dismissal: defined, Dismissal: operational requirements, Dismissal: proof required, Dismissal: Reasonable expectation, Dispute Resolution (LRL 3), Education, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, MPN Nkutha-Nkontwana, Objective, Parties, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Universities and schools | 0 |

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Jurisdiction not proved: Resigning and seeking appointment

by GilesFiles | Oct 2, 2018 | 2018, Appointed LC judges, Bargaining councils, Courts, Dispute Resolution (LRL 3), Education, Edwin Tlhotlhalemaje, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, LRA Chpt: 9: s198-213 General provisions, Objective, Parties, Promotion / demotion - 186(2)(a), Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Appeal after desertion: Representations for reinstatement

by GilesFiles | Sep 14, 2018 | 2018, Acting LC judges, Bill of Rights, Courts, Dismissal: operation of law, Dispute Resolution (LRL 3), Government - central, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Objective, Parties, Review tests, Sean Snyman, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Jurisdictional ruling approach: Adopt right or wrong test

by GilesFiles | Sep 7, 2018 | 2018, Bargaining councils, Courts, Dispute Resolution (LRL 3), Labour Court, Labour Relations, Labour Relations Act 1995, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Objective, Parties, Rulings - s158(1)(g), Sean Snyman, Sectors, Statutes (LRL 2) - work law, 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,...

Services provider agreement: Consultant or employee?

by GilesFiles | Jun 22, 2018 | 2018, Appointed LC judges, Common Law, Courts, David Gush, Dismissal: defined, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Objective, Retailing, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Category: Objective