Rulings - s158(1)(g) Archives

Condonation applications considered: Case law discussed

by GilesFiles | Sep 2, 2021 | 2020 +, Acting LC judges, Applications, Condonation, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Not awarded, Objective or correct, Orders, Orders re costs, Organs of state, Parties, Refused, Review tests, Rules, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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CCMA lacked jurisdiction: Settlement agreement

by GilesFiles | Aug 13, 2021 | 2020 +, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Hospitality, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Private enterprises, Review tests, Rulings - s158(1)(g), Sectors, Special pleas, Statutes (LRL 2) - work law, Topics | 0 |

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Withdrawn review application: Abuse of process?

by GilesFiles | Jul 27, 2021 | 2020 +, appeal, Appeals, Appointed LC judges, Courts, Dispute Resolution (LRL 3), Evidence and onus, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 11, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Personal services, Review tests, Rules, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Probationary period expired: Dismissal not proved

by GilesFiles | Jun 28, 2021 | 2020 +, Appointed LC judges, Cause: contractual breach, Common Law, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Orders, Organs of state, Parties, Probation - `186(2)(a), Probation or trial, Provisos, Review tests, Rules, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Transport & communication, Valid reason and fair reason | 0 |

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Jurisdictional power lacking: Destroying CCMA ruling

by GilesFiles | Jun 28, 2021 | 2020 +, Applications, Appointed LC judges, CCMA & BC, CCMA rules, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Objective or correct, Orders, Parties, Res judicata, Review tests, Rules, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Wage disparity dispute: Free and fair competition?

by GilesFiles | May 14, 2021 | 2020 +, 7 levels, appeal, Appeals, Appointed LAC judges, CCMA & BC, Collective agreements, Collective Bargaining (LRL 5), Competition, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), EEA4 differentials s27, EEA9 Levels s21, Employment equity, Equal pay & value, Evidence and onus, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Management, Markets in SA, Objective or correct, Orders, Parties, Pay progression, performance based, Protectable business interests, Reforms required, Refused, Remuneration, Review tests, Rulings - s158(1)(g), Sectors, Statement of claim, Statutes (LRL 2) - work law, Topics, Trade unions, Transport & communication, Value exchange | 0 |

Golden Arrow Bus Service (Pty) Ltd v SARPBC (Trade Unions) The dispute indirectly dealt with unfair discrimination and a wage disparity of about 59% in the same occupational level but there was insufficient evidence placed...

Collective agreement extended: Reviewed and set aside

by GilesFiles | May 10, 2021 | 2020 +, Appointed LC judges, Associations & corporate bodies, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, PAJA 2000, Parties, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Forensic investigation report: Disclosure and legal privilege

by GilesFiles | Mar 1, 2021 | 2020 +, Access to information, André van Niekerk, Appointed LC judges, Cause: general, CCMA rules, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Onus of proof, Orders, Review tests, Rules, Rulings - s158(1)(g), Statutes (LRL 2) - work law, Topics | 0 |

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Misconceived demotion dispute: Reasonable discretion limits

by GilesFiles | Nov 3, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, Condonation, Courts, Declaratory, Demotion - 186(2)(a), Dispute Resolution (LRL 3), Electricity, Interpretation and application, Judges, Jurisdiction and powers, 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, Orders, Parties, Refused, Review tests, Rules, Rulings - s158(1)(g), Sectors, Sidumo - reasonableness, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics | 0 |

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Operational requirements dismissal: Group or individual?

by GilesFiles | Aug 23, 2020 | 2020 +, Acting LC judges, Courts, Dispute Resolution (LRL 3), 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, Operational requirements-s189, Parties, Private enterprises, Procedural issues, Review tests, Rulings - s158(1)(g), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Jurisdictional ruling overturned: Referral remitted to BC

by GilesFiles | Aug 20, 2020 | 2020 +, André van Niekerk, Appointed LC judges, Bargaining councils, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Joinder of parties, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Parties, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics, Transport & communication | 0 |

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Intolerable continued employment: Leave to appeal refused

by GilesFiles | Aug 19, 2020 | 2020 +, André van Niekerk, Appeals, Appointed LC judges, Associations & corporate bodies, Constructive, Courts, Dispute Resolution (LRL 3), Harassment & bullying, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Non-profit organisations, Objective or correct, Orders, Parties, Personal services, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

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Category: Rulings – s158(1)(g)