Awards -s145 Archives

Dismissing poor performers: Valid and fair reason

by GilesFiles | Jun 26, 2020 | 2020, 99 Service activities other, 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, 50 Construction, 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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Commissioner misconduct considered: Reviewable ground?

by GilesFiles | Mar 13, 2020 | 2020, Acting LC judges, Arbiter misbehaving, Awards -s145, Condonation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Government - municipal, Government - provincial, Government: Municipal, 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, Performance related, Plascon-Evans rule, Procedural issues, 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, 99 Service activities other, 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, Logistics, 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, 91 Public administration defence, 99 Service activities other, Acting LC judges, Awards -s145, Benefits - 186(2)(a), Bonus-discretionary, Courts, Dispute Resolution (LRL 3), Government - central, Insights, 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, 73 Transport air, 99 Service activities other, 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, Law of Evidence Amendment Act 45 of 1988, 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, abuse of process, 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 - 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 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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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, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Exceptions/special pleas, Government - municipal, Gross misconduct, 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 & dismissal (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, Dispute Resolution (LRL 3), 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, Parties, Private security, 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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Capricious unfair decision: Promotion confirmed

by GilesFiles | Jan 6, 2020 | 2020, 91 Public administration defence, Acting LAC judges, Appeals, Awards -s145, Cause: contractual breach, 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, 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, Sectors, Sidumo - reasonableness, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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), Sectors, SOEs (State Owned Enterprises), State action - s158(1)(h), Statutes (LRL 2) - work law, Topics, Universities and schools | 0 |

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Category: Awards -s145