Awards -s145 Archives

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 |

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,...

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 |

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,...

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,...

Irregular arbitration proceedings: Facts not verified

by GilesFiles | Jul 2, 2021 | 2020 +, Acting LC judges, Awards -s145, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Hospitality, 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, Orders, Parties, Private enterprises, 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,...

Shortlisting employment applicants: Unfair labour practice

by GilesFiles | Jun 30, 2021 | 2020 +, Applications, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, 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, Orders, Organs of state, Parties, Promotion / demotion - 186(2)(a), Provincial, Review tests, Sectors, Sidumo - reasonableness, 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,...

Unwanted unwelcome conduct: Undermining dignity self-worth

by GilesFiles | May 13, 2021 | 2020 +, Appointed LC judges, Associations & corporate bodies, Awards -s145, Bill of Rights, Conduct or capacity, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Finance, Harassment & bullying, 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, Misconduct generally, Orders, Parties, Review tests, Rules, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Poor work performance: Unreliable rating system?

by GilesFiles | Apr 8, 2021 | 2020 +, Appointed LC judges, Awards -s145, Capability or capacity, Conduct or capacity, Courts, Dispute Resolution (LRL 3), 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, Parties, Performance related, Private enterprises, Proof required, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Reinstatement impractical intolerable: Primary remedy?

by GilesFiles | Mar 30, 2021 | 2020 +, Acting LAC judges, Appeals, Awards -s145, Central, Courts, Dispute Resolution (LRL 3), Government, Invalid or unfair reason, Judges, Jurisdiction and powers, 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, Organs of state, Parties, Review tests, Sectors, 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,...

Gross misconduct found: Covid-19 related reality

by GilesFiles | Mar 28, 2021 | 2020 +, Appointed LC judges, Awards -s145, Cause: contractual breach, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Gross misconduct, 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, Misconduct generally, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade, 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,...

Protected strikers dismissed: Revised rule breached

by GilesFiles | Mar 1, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Cause: contractual breach, Clear and convincing, Common Law, Conduct or capacity, Courts, Discharged on account, Dispute Resolution (LRL 3), Evidence and onus, Granted, Insubordination, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Orders re costs, Parties, Power plays (LRL 6), Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Strike - protected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Valid reason and fair reason | 0 |

Pailpac (Pty) Ltd v De Beer NO The valid and fair reason why protected strikers were dismissed related to their conduct during the strike and more particularly their breach of rules which they were aware of or could reasonably...

Progressive discipline applied: Final warning and absence

by GilesFiles | Jan 23, 2021 | 2020 +, Appointed LC judges, Awards -s145, Condonation, Conduct or capacity, Courts, Dismissal generally, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Granted, Hospitality, 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, Misconduct generally, Orders, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Summary - generally, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

Malimba v CCMA (Sun International) Progressive discipline applied and labour court decided that through various disciplinary warnings and the final written warning that remained valid as at the time of the infraction there was...

Reasonable outcomes considered: Review not appeal

by GilesFiles | Jan 22, 2021 | 2020 +, Acting LAC judges, Appeals, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Evidence and onus, 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, Parties, Private security, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality | 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