Rulings - s158(1)(g) Archives

Providing benefits considered: CCMA lacked jurisdiction

by GilesFiles | Jun 25, 2020 | 2020, 41 Electricity gas steam, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), 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, Objective or correct, Orders, Parties, Refused, Review tests, Roland Sutherland, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Trade unions | 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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Ruling reviewed reversed: Unreasonable decision

by GilesFiles | Jan 31, 2020 | 2020, 81 Financial intermediation not insurance, 83 Financial intermediation auxiliary, 87 Research development, 88 Business activities - other, André van Niekerk, Appointed LC judges, Condonation, Courts, Dispute Resolution (LRL 3), Financial services, Granted, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Private enterprises, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Joinder rescission review: Practice Manual applied

by GilesFiles | Jan 23, 2020 | 2020, 62 Retail trade not vehicles, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Practice Manual, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Organs of state, Parties, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, 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), Sectors, SOEs (State Owned Enterprises), State action - s158(1)(h), Statutes (LRL 2) - work law, Topics, Universities and schools | 0 |

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Territorial jurisdiction considered: Identity of employer

by GilesFiles | Oct 31, 2019 | 2019, 38 Manufacture transport equipment, 63 Motor vehicles sale maintenance repair, André van Niekerk, Applications, Appointed LC judges, Courts, Declaratory, 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, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Rulings - s158(1)(g), Sectors, Special pleas, Stated case, Statutes (LRL 2) - work law, Topics | 0 |

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Proving constructive dismissal: Measure of last resort

by GilesFiles | Oct 8, 2019 | 2019, 35 Manufacture of basic metals, Acting LC judges, Awards -s145, Bargaining councils, Constructive, Courts, 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, Objective or correct, Parties, Proof required, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Jurisdictional ruling considered: Mootness and review test

by GilesFiles | May 17, 2019 | 2019, André van Niekerk, Appointed LC judges, Condonation, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mootness, Objective or correct, Orders re costs, Refused, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Statutes (LRL 2) - work law, Topics | 0 |

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Industrial Council Agreement: Not a collective agreement

by GilesFiles | Apr 2, 2019 | 2019, Acting LC judges, Collective Bargaining (LRL 5), Courts, Government - municipal, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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CCMA review requirements: Steps and procedures

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

Determine true nature: Dispute about salary not promotion

by GilesFiles | Feb 27, 2019 | 2019, Acting LC judges, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), Government - provincial, 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, Remuneration, Rulings - s158(1)(g), Sectors, Topics, Work Science Institute | 0 |

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Jurisdictional ruling approach: Adopt right or wrong test

by GilesFiles | Sep 7, 2018 | 2018, Applications, Bargaining councils, Courts, Dispute Resolution (LRL 3), Labour Court, Labour court, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Parties, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Category: Rulings – s158(1)(g)