Awards -s145 Archives

Alternative offer refused: Severance pay forfeited

by GilesFiles | Mar 4, 2020 | 2020, 99 Service activities other, Acting LAC judges, appeal, Appeals, Awards -s145, Basic Conditions (LRL 10), Courts, Dismissal: Operational requirements - s189, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Scarce skills allowance: Award set aside

by GilesFiles | Mar 4, 2020 | 2020, 91 Public administration defence, 99 Service activities other, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), Government - central, 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, Orders re costs, Organs of state, Parties, Review tests, Rulings - s158(1)(g), Sean Snyman, 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, 73 Transport air, 99 Service activities other, Appointed LC judges, Awards -s145, Courts, Dismissal: gross misconduct, Dismissal: Poor performance, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Evidentiary burden, Factual disputes, hearsay evidence, 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, Review tests, Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020, abuse of process, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Courts, Discrimination (LRL 11), Dismissal: Conduct or capacity, 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 - municipal, Government: Municipal, 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, New evidence, Objective, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, Termination (LRL 8), Topics | 0 |

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Fraudulent pension claim: Valid and fair dismissal reason

by GilesFiles | Feb 18, 2020 | 2020, 41 Electricity gas steam, 42 Water collection purification, 96 Recreation culture sport, Appointed LC judges, Awards -s145, Condonation, Courts, Dismissal: gross misconduct, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Exceptions/special pleas, Government - municipal, Joinder of parties, Judges, Labour Court, 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, Refused, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Security guard misconduct: Disregarding operational standards

by GilesFiles | Jan 31, 2020 | 2020, André van Niekerk, Appointed LC judges, Awards -s145, Courts, Dismissal: gross misconduct, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), 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 security, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Capricious unfair decision: Promotion confirmed

by GilesFiles | Jan 6, 2020 | 2020, 91 Public administration defence, Acting LAC judges, Appeals, Awards -s145, Cause: contract, Cause: statute, Courts, Dispute Resolution (LRL 3), Government - central, John Murphy, Judges, 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, Parties, Promotion / demotion - 186(2)(a), Review tests, Sectors, State action - s158(1)(h), Statutes (LRL 2) - work law, Topics | 0 |

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Mutually destructive versions: Inference and credibility

by GilesFiles | Dec 18, 2019 | 2019, 35 Manufacture of basic metals, 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, Onus of proof, Parties, Private enterprises, Review tests, S Mabaso, Sectors, Sidumo - reasonableness, Termination (LRL 8), Topics | 0 |

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Abusing court processes: Special costs order

by GilesFiles | Dec 12, 2019 | 2019, 92 Education, abuse of process, Acting LC judges, Applications, Awards -s145, Courts, Dispute Resolution (LRL 3), 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, 23 Mining gold & uranium, 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, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Distasteful WhatsApp meme: Dismissal not unfair

by GilesFiles | Dec 3, 2019 | 2020, 86 Computer related activities, 99 Service activities other, André van Niekerk, Appointed LC judges, Awards -s145, Courts, Dismissal: Conduct or capacity, Dismissal: gross misconduct, Dismissal: valid and fair reason, Dispute Resolution (LRL 3), Financial services, 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, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Zungu doctrine | 0 |

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Flagrantly abusing system: Fair reason dismissal

by GilesFiles | Nov 26, 2019 | 2020, 93 Health social work, Appeals, Appointed LAC judges, Awards -s145, Courts, Dismissal: gross misconduct, Dispute Resolution (LRL 3), Government - provincial, 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, Parties, Review tests, Roland Sutherland, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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Category: Awards -s145