abusing power Archives

Foul abusive language: Harassment & protection

by GilesFiles | Jul 2, 2025 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Model argument and award: Valid and fair dismissal reason

by GilesFiles | Mar 29, 2025 | AB1 - Fairness principle or concept, AL - ILO, Bill of Rights, Causes and defences, CCMA awards, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Declaratory, Disciplinary action, Evidence & onus, Harass & bully, ILO Conventions, Incompatibility, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Management, Managerial prerogative, Orders, Parties, Performance, Policies - all, Private enterprises, Protect not punish, Risks, Sectors, Statutory, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute, Zero tolerance | 0 |

EMPLOYER MODEL ARGUMENT: Workplace bullying INTRODUCTION AND BACKGROUND 1. The employer employed a senior manager at a substantial annual salary and dismissed her on notice 8 months later. 2. The manager has challenged her...

Unlawfully applying self-help: Employment termination void

by GilesFiles | Feb 28, 2025 | 2020 onwards, Applications, Automatic, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Local, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Flouting appointments policy: Unconstitutional and unlawful

by GilesFiles | Dec 23, 2024 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Central, Connie Prinsloo, Costs, Courts, Declaratory, Government, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Suspensions, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: abusing power

Foul abusive language: Harassment & protection

Model argument and award: Valid and fair dismissal reason

Unlawfully applying self-help: Employment termination void

Flouting appointments policy: Unconstitutional and unlawful