Awards -s145 Archives

Mutually destructive versions: Inference and credibility

by GilesFiles | Dec 18, 2019 | 2019, Acting LC judges, Awards -s145, Courts, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Metal & engineering, Onus of proof, Parties, Private enterprises, Review tests, S Mabaso, Sectors, Sidumo - reasonableness, Termination (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,...

Abusing court processes: Special costs order

by GilesFiles | Dec 12, 2019 | 2019, abuse of process, Acting LC judges, Applications, Awards -s145, Courts, Dispute Resolution (LRL 3), Education, Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, punitive costs, Res judicata, Review tests, Rulings - s158(1)(g), Sean Snyman, Sectors, SOEs (State Owned Enterprises), State action - s158(1)(h), Statutes (LRL 2) - work law, Topics, Universities and schools | 0 |

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Valid reason unfair: Trivial conflicting interests

by GilesFiles | Dec 11, 2019 | 2019, Appointed LAC judges, Awards -s145, B Waglay, Courts, Dismissal: invalid or unfair reason, 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, Mining, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (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,...

Deemed indefinite employees: Huge award set aside

by GilesFiles | Nov 14, 2019 | 2019, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Bradley Conradie, Courts, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Review tests, Stated case, Statutes (LRL 2) - work law, Topics | 0 |

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Unduly formalistic approach: Gross irregularity

by GilesFiles | Nov 5, 2019 | 2019, appeal, Appointed LAC judges, Awards -s145, Condonation, Courts, Dismissal: gross misconduct, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Evidentiary burden, Factual disputes, Government - central, Granted, Granted, Judges, Jurisdiction and powers, Labour Appeal Court, Labour court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Onus of proof, Orders, Orders re costs, P Coppin, Parties, Public Service, Reinstatement, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Zungu doctrine | 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,...

Upgrading pay levels: Benefits and unfair conduct

by GilesFiles | Oct 4, 2019 | 2019, Acting LAC judges, Appeals, Awards -s145, Benefits - 186(2)(a), Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Employment Equity (LRL 12), Employment Equity Act 1998, John Murphy, Judges, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 8b: s185-186(2) Labour practices, Promotion / demotion - 186(2)(a), Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Thomas Paterson, 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,...

Disclosing previous employment: Consequences considered

by GilesFiles | Sep 18, 2019 | 2019, André van Niekerk, Appointed LC judges, Awards -s145, Courts, Dismissal: operational requirements, Dismissal: valid and fair 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, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Transportation | 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,...

Bargaining refusal considered: Unit or workplace

by GilesFiles | Aug 1, 2019 | 2019, André van Niekerk, Appointed LC judges, Awards -s145, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Topics, Transportation | 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,...

Impractical reinstatement considered: Compensation increased

by GilesFiles | Jun 13, 2019 | 2019, Appointed LAC judges, Awards -s145, B Waglay, Courts, Dispute Resolution (LRL 3), Judges, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Orders re costs, Reinstatement, Review tests, Sectors, Statutes (LRL 2) - work law, 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,...

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...

CCMA review requirements: Steps and procedures

by GilesFiles | Mar 8, 2019 | Awards -s145, CCMA rules, Checklists, Insights, Labour court, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Rules and practice manuals, Rulings - s158(1)(g), Security for award - s145 | 0 |

Review requirements outlined here in a post intended to assist practitioners in knowing and understanding the specific relevant requirements of the LRA, the LC Rules and the LC Practice Manual. In addition templates are included...

Motor vehicle allowance: Suspension objectively justified

by GilesFiles | Mar 5, 2019 | 2019, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LRA Chpt: 8b: s185-186(2) Labour practices, Parties, Sean Snyman, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics, Trade unions | 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