Objective or correct Archives

Subpoena duces tecum: Derived from LRA s142(1)(b)

by GilesFiles | Jul 15, 2020 | 2020, Acting LAC judges, appeal, Appeals, Bargaining councils, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Protection of Personal Information, Refused, Review tests, Rules and practice manuals, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Totality | 0 |

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Providing benefits considered: CCMA lacked jurisdiction

by GilesFiles | Jun 25, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), 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: 8b: s185-186(2) Labour practices, Objective or correct, Orders, Parties, Refused, Review tests, Roland Sutherland, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Strike ballot requirement: Strike not unprotected

by GilesFiles | Jun 25, 2020 | 2020, Acting LAC judges, appeal, Appeals, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), erroneously granted, Granted, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Manufacturing, Objective or correct, Orders, Parties, Power plays (LRL 6), Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 0 |

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Intolerable continued employment: Queen bee syndrome

by GilesFiles | Jun 19, 2020 | 2020, André van Niekerk, Appointed LC judges, Associations, Attorney client scale, Constructive, Courts, 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, Non-profit organisations, Objective or correct, Orders re costs, Parties, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Characterise dispute correctly: Different causes of action

by GilesFiles | May 6, 2020 | Appeals, Automatically unfair - s187, Cause: general, CN Jafta, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Fixed term expired: Dismissal not proved

by GilesFiles | Mar 4, 2020 | 2020, appeal, Appeals, Appointed LAC judges, B Waglay, Courts, 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, Meaning of dismissal, Objective or correct, Onus of proof, Orders, Parties, Private enterprises, Proof required, Reasonable expectation, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Rebutting deeming provision: LRA s198B(5) and novation

by GilesFiles | Feb 20, 2020 | 2020, Appointed LC judges, Cause: statute, Common Law, Courts, Declaratory, Dismissal generally, 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, Meaning of dismissal, Objective or correct, Orders, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Conduct or capacity, Courts, Discrimination (LRL 11), 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 or correct, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, Termination & dismissal (LRL 8), Topics | 0 |

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Service level agreement: Contrasted with labour broking

by GilesFiles | Feb 13, 2020 | 2020, Acting LC judges, Courts, Dispute Resolution (LRL 3), 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 or correct, Operation of law, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics | 0 |

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Upgrading administrative error: Review or appeal rights

by GilesFiles | Jan 29, 2020 | 2020, Acting LC judges, Appeals, Courts, De bonis propriis, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, Government - central, Judges, Jurisdiction and powers, 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 or correct, Orders re costs, Parties, punitive costs, Review tests, Rules and practice manuals, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Joinder rescission review: Practice Manual applied

by GilesFiles | Jan 23, 2020 | 2020, 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 or correct, 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, Acting LAC judges, Appeals, Cause: contractual breach, Common Law, Courts, Dismissal generally, Dispute Resolution (LRL 3), Fixed-term contracts, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Lawfulness, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Operation of law, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Category: Objective or correct