Objective or correct Archives

Civil engineering industry: Demarcating mining activities?

by GilesFiles | Mar 4, 2021 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Bargaining councils, Construction, Courts, Demarcations, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Objective or correct, Orders, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Deemed appeal withdrawal: Reinstatement refused

by GilesFiles | Mar 2, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Condonation, Courts, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Practice Manual, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Refused, Refused, Review tests, Rules and practice manuals, Statutes (LRL 2) - work law, Thresholds, Topics | 0 |

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Forensic investigation report: Disclosure and legal privilege

by GilesFiles | Mar 1, 2021 | 2020 +, Access to information, André van Niekerk, Appointed LC judges, Cause: general, CCMA rules, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, 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, Onus of proof, Orders, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Statutes (LRL 2) - work law, Topics | 0 |

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Settlement agreement contested: Irregular ruling discussed

by GilesFiles | Feb 26, 2021 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rule 11, LC Rules, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Distrusting polygraph test: No direct evidence

by GilesFiles | Feb 3, 2021 | 2020 +, Adverse inferences, Appointed LC judges, Cautionary rule, Circumstantial, Conduct or capacity, Corroboration, Courts, Derivative, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Evidentiary burden, Factual disputes, Invalid or unfair reason, 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, Onus of proof, Parties, Private enterprises, Procedural issues, Proof required, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics | 0 |

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Objective selection criteria: Non-appointment not unfair

by GilesFiles | Dec 8, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, Courts, Dispute Resolution (LRL 3), Evidence and onus, Granted, Interpretation and application, 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, LRA Chpt: 8a: s189 and 189A see Termination, Objective or correct, Operational requirements-s189, Orders, Parties, Private enterprises, Review tests, Sectors, Statement of claim, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication | 0 |

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Senior management restructured: Valid fair dismissal reason

by GilesFiles | Dec 1, 2020 | 2020 +, 2020 +, Acting LAC judges, appeal, Appeals, Central, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Government, Granted, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Kate Savage, 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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Material legal error: Correct review test applied

by GilesFiles | Oct 27, 2020 | 2020 +, Acting LC judges, Courts, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, 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, Objective or correct, Parties, Private enterprises, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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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Category: Objective or correct