Awards -s145 Archives

Long service disregarded: Review test enforced

by GilesFiles | Sep 7, 2020 | 2020, Appeals, Appointed LAC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Gross misconduct, 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, MV Phatshoane, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade | 0 |

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Employee assistance program: Premature dismissal

by GilesFiles | Aug 27, 2020 | 2020, Appointed LC judges, Awards -s145, Capability or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Ill health and illness, 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, Orders, Parties, Private enterprises, Reinstatement, Review tests, RGO Lagrange, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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Suspension without pay: Unfair conduct compensated

by GilesFiles | Jul 15, 2020 | 2020, Acting LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Judges, Just and equitable relief, 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, Parties, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Suspensions - 186(2)(b), Topics | 0 |

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Dismissing poor performers: Valid and fair reason

by GilesFiles | Jun 26, 2020 | 2020, Appointed LC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Ill health and illness, 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, MPN Nkutha-Nkontwana, Parties, Performance related, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

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Workplace shut down: Intimidation and fair dismissal

by GilesFiles | May 29, 2020 | 2020, Appeals, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Power plays (LRL 6), Review tests, Roland Sutherland, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics | 0 |

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Safety rules breached: Lawful instruction disobeyed

by GilesFiles | May 18, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Awards -s145, Clear and convincing, Conduct or capacity, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, 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, Performance related, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

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Misappropriating company property: Abusing managerial powers

by GilesFiles | May 18, 2020 | 2020, appeal, Appeals, Appointed LAC judges, Awards -s145, Clear and convincing, Courts, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, Interpretation and application, 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, Orders, Parties, Private enterprises, Proof required, Review tests, Roland Sutherland, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason | 0 |

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Commissioner misconduct considered: Reviewable ground?

by GilesFiles | Mar 13, 2020 | 2020, Acting LC judges, Applications, Arbiter misbehaving, Awards -s145, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Orders, Parties, Performance related, Plascon-Evans rule, Procedural issues, Provincial, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Alternative offer refused: Severance pay forfeited

by GilesFiles | Mar 4, 2020 | 2020, Acting LAC judges, appeal, Appeals, Awards -s145, Basic Conditions (LRL 10), Courts, Dispute Resolution (LRL 3), Judges, 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, Operational requirements-s189, Orders, Parties, Private enterprises, Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Scarce skills allowance: Award set aside

by GilesFiles | Mar 4, 2020 | 2020, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Bonus-discretionary, Central, Courts, Dispute Resolution (LRL 3), Judges, 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, Orders re costs, Organs of state, Parties, Policies - strategies - tactics, Review tests, Rulings - s158(1)(g), Scarce skills allowances, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 0 |

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Grossly irregular award: Negligence serious

by GilesFiles | Mar 3, 2020 | 2020, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Evidentiary burden, Factual disputes, Gross misconduct, Hearsay, 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, Onus of proof, Organs of state, Parties, Performance related, Review tests, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Totality, Valid reason and fair reason | 0 |

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Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Conduct or capacity, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity Act 1998, Evidence and onus, F Kathree-Setiloane, Government, irregular proceeding, 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, Municipal, New evidence, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, Termination & dismissal (LRL 8), Topics | 0 |

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Category: Awards -s145