Objective Archives | GilesFiles

Fixed term expired: Dismissal not proved

by GilesFiles | Mar 4, 2020 | 2020, 88 Business activities - other, 99 Service activities other, appeal, Appeals, Appointed LAC judges, B Waglay, Courts, Dismissal: defined, Dismissal: proof required, Dismissal: Reasonable expectation, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Fixed-term contracts, Granted, Hospitality, 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, Objective, Onus of proof, Orders, Parties, Private enterprises, 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,...

Rebutting deeming provision: LRA s198B(5) and novation

by GilesFiles | Feb 20, 2020 | 2020, 88 Business activities - other, 99 Service activities other, Appointed LC judges, Cause: statute, Common Law, Courts, Declaratory, Dismissal: defined, Dismissal: general, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LLAA 10/18, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, LRAA 8/18, Objective, Orders, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Trade unions | 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,...

Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020, abuse of process, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Courts, Discrimination (LRL 11), Dismissal: Conduct or capacity, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity Act 1998, Evidence and onus, F Kathree-Setiloane, Government - municipal, Government: Municipal, irregular proceeding, 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, New evidence, Objective, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, Termination (LRL 8), Topics | 0 |

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Service level agreement: Contrasted with labour broking

by GilesFiles | Feb 13, 2020 | 2020, 41 Electricity gas steam, 42 Water collection purification, 93 Health social work, 94 Community other social, 99 Service activities other, Acting LC judges, Courts, Dismissal: operation of law, Dismissal: other substantial reason, Dispute Resolution (LRL 3), Employment relationship, Government - municipal, Government: Municipal, Judges, Labour brokers or TES, 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, Objective, Parties, 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,...

Joinder rescission review: Practice Manual applied

by GilesFiles | Jan 23, 2020 | 2020, 62 Retail trade not vehicles, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective, Organs of state, Parties, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Implied automatic clause: Fixed-term contract?

by GilesFiles | Jan 6, 2020 | 2020, 50 Construction, Acting LAC judges, Appeals, Cause: contractual breach, Common Law, Courts, Dismissal: general, Dismissal: lawfulness, Dismissal: operation of law, Dispute Resolution (LRL 3), Fixed-term contracts, John Murphy, 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, Objective, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Precautionary suspension unfair: Compensation awarded

by GilesFiles | Dec 11, 2019 | 2019, 91 Public administration defence, 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, Review tests, Sectors, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics | 0 |

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Retirement age dispute: Revised employment contract

by GilesFiles | Nov 25, 2019 | 2019, 91 Public administration defence, 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, Retirement age, Review tests, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Proving constructive dismissal: Measure of last resort

by GilesFiles | Oct 8, 2019 | 2019, 35 Manufacture of basic metals, Acting LC judges, Awards -s145, Bargaining councils, Courts, Dismissal: constructive, Dismissal: proof required, Dispute Resolution (LRL 3), 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, Parties, Review tests, Rulings - s158(1)(g), Sean Snyman, 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, Checklists, 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,...

Category: Objective