Thresholds Archives

Reinstatement order upheld: Exceptional circumstances?

by GilesFiles | Jul 23, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Dennis Davis, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Invalid or unfair reason, 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, Orders, Parties, Private enterprises, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics, Trust and confidence | 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,...

Deemed appeal withdrawal: Reinstatement refused

by GilesFiles | Mar 2, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Condonation, Courts, Disallowed, 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, Review tests, Rules, Statutes (LRL 2) - work law, 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,...

Distrusting polygraph test: No direct evidence

by GilesFiles | Feb 3, 2021 | 2020 +, Adverse inferences, Appointed LC judges, Capacity, Cautionary rule, Circumstantial, Corroboration, Courts, Derivative conduct, 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 |

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,...

Valuing golf courses: Various methods discussed

by GilesFiles | Sep 25, 2020 | 2020 +, Allowed, appeal, Appeals, Associations & corporate bodies, Causes of action, Common law review, Community housing schemes, Courts, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Orders, Parties, Regulations, Review tests, Sectors, Statutory, Thresholds, Topics | 0 |

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

Intolerability high threshold: Breaking point reached?

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, MPN Nkutha-Nkontwana, Objective or correct, Orders, Parties, Private enterprises, Resignation voluntary, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Double-barrelled approach: Appeal and review

by GilesFiles | Sep 4, 2020 | 2020 +, A.G. Binns-Ward, Appeals, Common law review, Community housing schemes, Courts, Declaratory, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

Conflating appeal and review: Failure to review?

by GilesFiles | Apr 17, 2020 | 2020 +, appeal, Appeals, Biowatch principle, Common law review, Courts, Disallowed, Exceptions/special pleas, Judges, Jurisdiction and powers, KGB Swain, Legal Practice, Legislation, Non-profit organisations, Orders, Orders re costs, Parties, Provincial, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Thresholds, Topics | 0 |

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

Reviewing CCMA awards: Answering seven questions

by GilesFiles | May 16, 2019 | Awards -s145, Checklists, Dispute Resolution (LRL 3), Insights, Labour Relations, Legal Practice, Objective or correct, 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, Dispute Resolution (LRL 3), Gross misconduct, Holistic evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Review tests, Sectors, Sidumo - reasonableness, Termination & dismissal (LRL 8), Thresholds, Topics, Valid reason and fair reason | 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,...

Performance bonus denied: Benefit and fair discretion

by GilesFiles | Feb 21, 2018 | 2020 +, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Manufacturing, Objective or correct, Onus of proof, Orders, Organs of state, Parties, Review tests, Sean Snyman, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Thresholds, Topics, Warnings - 186(2)(b) | 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, 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 & dismissal (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 generally, 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 & dismissal (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