Awards -s145 Archives

Retrospective reinstatement ordered: Assess independently?

by GilesFiles | May 10, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence | 0 |

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Agency shop deductions: Bind minority union members

by GilesFiles | May 9, 2022 | 2020 +, Applications, Appointed LC judges, Awards -s145, BM Whitcher, Causes of action, Courts, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, Orders re costs, Organisations (LRL 4), Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Statutory, Topics, Trade unions | 0 |

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Determining remuneration package: NMWA and commission

by GilesFiles | Mar 15, 2022 | 2020 +, Acting LC judges, Awards -s145, Basic Conditions (LRL 10), BCEA 1997, Causes of action, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Finance, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Management, Objective or correct, Orders, Orders re costs, Parties, Policies - strategies - tactics, Private enterprises, Regulations, Remuneration, Review tests, Sectors, Statutes (LRL 2) - work law, Statutory, Topics | 0 |

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Translating grade posts: Relevant experience considered

by GilesFiles | Mar 10, 2022 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Causes of action, Courts, Disallowed, Dispute Resolution (LRL 3), Employment equity, Equal pay & value, Evidence and onus, Exceptions/special pleas, Government, Inherent requirements, Insights, Interpretation and application, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Provincial, Review tests, Rules, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Value exchange | 0 |

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Unfair dismissal reason: Reinstatement primary remedy

by GilesFiles | Mar 8, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Banks, Courts, Dispute Resolution (LRL 3), Evidence and onus, Finance, Gross misconduct, Interpretation and application, 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, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 0 |

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Minister’s unfair conduct: Exceeding authority and powers

by GilesFiles | Feb 18, 2022 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Causes of action, CCMA rules, Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Finance, GN Moshoana, Interpretation and application, Joinder of parties, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Not awarded, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Special pleas, Specific performance, Statement of claim, Statutes (LRL 2) - work law, supervening impossibility, Topics | 0 |

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Night shift cancelled: Unfair reason to dismiss

by GilesFiles | Feb 10, 2022 | 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Construction industry, Courts, Disallowed, Dispute Resolution (LRL 3), 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, Orders re costs, P Coppin, Parties, Private enterprises, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Limited duration contracts: LRA s 198B(2)(c) examined

by GilesFiles | Feb 3, 2022 | 2020 +, Appointed LC judges, Awards -s145, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, 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, Manufacturing, MZN Lallie, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 +, Appointed LC judges, Awards -s145, Capacity, Causes of action, Central, Con 158 (1982), Contractual breach, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, GN Moshoana, Government, Holistic evaluation, Ill health and illness, ILO Conventions, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Procedural issues, Review tests, Rules, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason, Without forfeiting rights | 0 |

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Sexual harassment deplored: Review principles confirmed

by GilesFiles | Jan 27, 2022 | 2020 +, Acting LAC judges, Allowed, appeal, Appeals, Awards -s145, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Government, Gross misconduct, Harassment & bullying, Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LAC Rules, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Short term incentives: Regarded as benefits

by GilesFiles | Jan 18, 2022 | 2020 +, Appointed LC judges, Awards -s145, Benefits - 186(2)(a), Courts, Declaratory, Dispute Resolution (LRL 3), H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Orders re costs, Parties, Personal services, Private enterprises, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics | 0 |

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Good faith duty: Moonlighting employee

by GilesFiles | Jan 18, 2022 | 2020 +, 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Awards -s145, Causes of action, Clear and convincing, Contractual breach, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Gross misconduct, Holistic evaluation, Interpretation and application, Judges, 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, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Roman Dutch law principles, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Trade, Trust and confidence, 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,...

Category: Awards -s145