Objective or correct Archives

Senior management restructured: Valid fair dismissal reason

by GilesFiles | Dec 1, 2020 | 2020 +, 2020 +, appeal, Appeals, Appointed LAC judges, Collective Bargaining (LRL 5), Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Government, Granted, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Operational reasons-189A, Operational requirements-s189, Orders, Organs of state, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Occupational specific dispensation: Old to new posts

by GilesFiles | Nov 27, 2020 | 2020 +, Agriculture, appeal, Appeals, Appointed LAC judges, Central, Collective Bargaining (LRL 5), Courts, Dennis Davis, Dispute Resolution (LRL 3), Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, Objective or correct, Orders, Parties, Refused, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Medical benefits capped: legitimate commercial rationale

by GilesFiles | Nov 24, 2020 | 2020 +, Acting LAC judges, Appeals, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Benefits - 186(2)(a), Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade | 0 |

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Pay progression differentiation: Incentive Policy Framework

by GilesFiles | Nov 9, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, Bill of Rights, Central, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Government, Granted, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Organs of state, PAJA 2000, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Providing services considered: TES or service provider

by GilesFiles | Sep 16, 2020 | 2020 +, 2020 +, Acting LAC judges, appeal, Appeals, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 9: s198-213 General provisions, Manufacturing, Objective or correct, Orders, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Temporary employment services - 198, Topics | 0 |

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Intolerability high threshold: Breaking point?

by GilesFiles | Sep 9, 2020 | 2020 +, Appointed LC judges, 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, Mining, Objective or correct, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics | 0 |

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Intolerable continued employment: Leave to appeal refused

by GilesFiles | Aug 19, 2020 | 2020 +, André van Niekerk, Appeals, Appointed LC judges, Associations, Constructive, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Non-profit organisations, Objective or correct, Orders, Parties, Personal services, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Practice Manual issues: Condonation and award confirmed

by GilesFiles | Jul 29, 2020 | 2020 +, André van Niekerk, Appointed LC judges, Awards -s145, Central, Courts, Dismissal generally, Dispute Resolution (LRL 3), Government, Interpretation and application, 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, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Orders, Parties, Reinstatement, Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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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, 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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Retrospective backpay explained: Contempt not execution

by GilesFiles | Jun 22, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Applications, Cause: general, Cause: statute, Central, Common Law, Courts, De bonis propriis, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Orders re costs, Parties, Refused, Reinstatement, Review tests, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Category: Objective or correct