Thresholds Archives | GilesFiles

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...

Review threshold considered: Applied for gross misconduct

by GilesFiles | Jun 26, 2018 | 2018, André van Niekerk, Appointed LC judges, Awards -s145, Courts, Dismissal: gross misconduct, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Mining, Review tests, Sectors, Sidumo - reasonableness, Termination (LRL 8), Thresholds, 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,...

Unreasonable award: Absence of a factual plinth

by GilesFiles | May 26, 2016 | 2016, Acting LAC judges, Appointed LAC judges, Awards -s145, CJ Musi, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Review tests, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Thresholds, Topics | 1 |

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,...

Review: Pre-dismissal inquiry ruling

by GilesFiles | Nov 17, 2015 | 2015, Anton Steenkamp, Appointed LC judges, Courts, Deceased judges, Dismissal: general, 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, Review tests, Rulings - s158(1)(g), Statutes (LRL 2) - work law, Termination (LRL 8), Thresholds, Topics | 0 |

Nehawu obo Lerumo v PM Venter NO (C183/12) [2015] ZALCCT 66 (17 November 2015) per Steenkamp J. The Labour Court reviewed and upheld proceedings relating to a pre-dismissal ruling (treated as an award) in terms of s188A of the...

Category: Thresholds

Reviewing CCMA awards: Answering seven questions

Review threshold considered: Applied for gross misconduct

Unreasonable award: Absence of a factual plinth

Review: Pre-dismissal inquiry ruling