Awards -s145 Archives

Cost to company remuneration: Alleged pay discrimination

by GilesFiles | Oct 21, 2021 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Central, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), erroneously sought, Exceptions/special pleas, Government, Insights, 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, Management, Not awarded, Orders, Orders re costs, Organs of state, Parties, Remuneration, Review tests, Sectors, Sidumo - reasonableness, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 +, appeal, Appeals, Awards -s145, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Incompatibility, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, punitive costs, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Incorrectly translated post: Unfair demotion practice

by GilesFiles | Oct 11, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Central, Courts, Demotion - 186(2)(a), Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Government, Interpretation and application, Judges, Jurisdiction and powers, 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, Onus of proof, Orders, Organs of state, Parties, Promotion / demotion - 186(2)(a), Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics | 0 |

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Ensuring ethical behaviour: Racist Facebook post

by GilesFiles | Sep 13, 2021 | 2020 +, Acting LC judges, Agriculture, Awards -s145, Cause: contractual breach, Clear and convincing, Common Law, Conduct or capacity, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Proof required, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Medical certificate disputed: Absence without leave

by GilesFiles | Sep 8, 2021 | 2020 +, Acting LC judges, Awards -s145, Circumstantial, Conduct or capacity, Courts, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Hearsay, Holistic evaluation, 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, Not awarded, Onus of proof, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, Trust and confidence, Valid reason and fair reason | 0 |

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Avoid technical approach: Crime and discipline

by GilesFiles | Aug 5, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Government, Granted, Gross misconduct, Holistic evaluation, 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, Misconduct generally, Municipal, Orders, Organs of state, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Entrapment hearsay evidence: Reviewable irregularity?

by GilesFiles | Aug 3, 2021 | 2020 +, Acting LC judges, Awards -s145, Banks, Courts, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Finance, Gross misconduct, Hearsay, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence | 0 |

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Gross dishonesty suspected: Split LAC decision

by GilesFiles | Aug 3, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Appointed LAC judges, Awards -s145, B Waglay, Cause: contractual breach, Cautionary rule, Common Law, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Granted, Gross misconduct, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, 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, Misconduct generally, Orders, Organs of state, Parties, Performance related, Proof required, Provincial, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence | 0 |

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Disseminating false information: Destroyed trust

by GilesFiles | Aug 2, 2021 | 2020 +, Acting LC judges, Associations & corporate bodies, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Evidence and onus, Finance, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Misconduct generally, occupational detriment, Orders, Orders re costs, Parties, protected disclosure, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Reinstatement order upheld: Exceptional circumstances?

by GilesFiles | Jul 23, 2021 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Dennis Davis, 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, Refused, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, Topics, Trust and confidence | 0 |

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Deeming indefinite employment: LRA s 198B considered

by GilesFiles | Jul 16, 2021 | 2020 +, Appointed LC judges, Awards -s145, Courts, Declaratory, deeming provision, Dispute Resolution (LRL 3), Government, 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: 8a: s185-197B Dismissals, LRA Chpt: 9: s198-213 General provisions, Municipal, Objective or correct, Orders, Organs of state, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Deliberate wilful misconduct: Duty to investigate?

by GilesFiles | Jul 9, 2021 | 2020 +, Appointed LC judges, Awards -s145, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Holistic evaluation, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Onus of proof, Orders, Parties, Private enterprises, Procedural issues, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Category: Awards -s145