Rational Archives - GilesFiles

Management rules disputed: Special rules adopted

by GilesFiles | Dec 15, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Costs, Courts, Declaratory, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Rules Codes & Manual, 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,...

Management rules disputed: Special rules adopted

by GilesFiles | Dec 12, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Costs, Courts, Declaratory, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Rules Codes & Manual, 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,...

Gross irregularities detected: Award set aside

by GilesFiles | Sep 12, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, Finance, Gross misconduct, H Rabkin-Naicker, Hearing procedure, Insights, Interpretation etc, Irregular proceeding, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Misconduct & incapacity, Orders, Parties, Performance, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Employment merger conditions: Specific to dismissals

by GilesFiles | Jun 17, 2022 | Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Competition Appeal Court, Consumer protection, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Manufacturing, Markets in SA, Orders, Parties, philosophy / economics, Private enterprises, Protectable interests, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Competition Commission v Coca-Cola Beverages Africa (Pty) Ltd In what manner is Commission required to act when performing oversight regarding compliance with employment merger conditions? “[61] Sight cannot be lost that...

Operational requirements paramount: Covid-19 vaccine

by GilesFiles | May 9, 2022 | Bill of Rights, Causes and defences, CCMA awards, CCMA members, Contractual breach, Costs, Courts, Declaratory, Incompatibility, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Operational reasons, Orders, Parties, Performance, Personal services, Policies - all, Private enterprises, Risks, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

B v Baroque Medical (Pty) Ltd When do operational requirements become paramount and a valid and fair reason to terminate employment on notice? “[55] The risk assessment and subsequent imposition of the mandatory policy as well...

Decisive commercial rationality: Dismissal after transfer

by GilesFiles | Mar 11, 2022 | 2020 onwards, André van Niekerk, Applications, AUD, Costs, Courts, Declaratory, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, 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,...

Exercise discretion rationally: No onus on proposer

by GilesFiles | Dec 2, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Government, Interpretation etc, Judges, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 0 |

African Transformation Movement v Speaker: National Assembly In allowing an appeal from the high court judgment the SCA decided that there was a failure by the Speaker to rationally exercise the discretion accorded to her and...

Inexcusable provoked assault: Fair reason to dismiss

by GilesFiles | Nov 18, 2021 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Costs, Courts, Disallowed, Gross misconduct, Interpretation etc, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, Misconduct & incapacity, Orders, Parties, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Dignity equality freedom, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

Poor work performance: Unreliable rating system?

by GilesFiles | Apr 8, 2021 | 2020 onwards, Awards -s145 see also Sidumo, Courts, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Misconduct & incapacity, Parties, Performance, Private enterprises, Protect not punish, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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,...

Applying legality principle: Serving real purpose

by GilesFiles | Feb 8, 2021 | 2020 onwards, Condonation, Courts, Declaratory, Government, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Municipal, Orders, Parties, Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Objective selection criteria: Non-appointment not unfair

by GilesFiles | Dec 8, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Courts, Evidence & onus, Interpretation etc, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication | 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: Rational