Employment of Educators Act 1998 Archives

Protected: Moral compass in employment: Employment contracts considered

by GilesFiles | Oct 9, 2024 | AB - Law generally, AG - Legal research, AQ - De Rebus, Insights, Management, Performance, Protect not punish | 0 |

Disciplinary process considered: Simple factual dispute?

by GilesFiles | Jul 12, 2023 | 2020 onwards, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Disputes: right or interest, Government, Judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

SA Council for Educators v Scheepers When should an investigation involving an evaluation of facts concerning a disciplinary process be considered a constitutional issue? “[39] Whether an investigation as conducted by SACE...

Wrongful omissions considered: Delictual claim refused

by GilesFiles | Jun 9, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Delict, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Provincial, Roman Dutch law, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics, Vicarious liability | 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,...

Resignation deemed dismissal: HC lacks jurisdiction

by GilesFiles | Aug 3, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Deemed, Evidence & onus, Exceptions/special pleas, Government, High Court, High Court judges, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, PAJA 2000, Parties, Provincial, Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Deemed dismissal requirements: Automatic reinstatement

by GilesFiles | Apr 8, 2022 | 2020 onwards, Applications, BM Whitcher, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Deemed, Evidence & onus, Government, Granted, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Provincial, Review tests, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Support staff excluded: Beyond Council’s jurisdiction

by GilesFiles | Jul 14, 2020 | 2020 onwards, Allowed, Appeals, Bargaining councils, Courts, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, MV Phatshoane, Orders, Organisations (LRL 4), Parties, Practices (LRL 9), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, 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,...

Delayed disciplinary process: Inordinate delay is unfair

by GilesFiles | Feb 7, 2019 | 2019, 2019, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Fair procedure, Judges, Labour Relations, Landmark judgments, Legal Practice, Provincial, Sectors, Topics | 0 |

Stokwe v MEC: Department of Education, Eastern Cape According to the constitutional court a delayed disciplinary process could mean that senior management acted unfairly even if the reason for dismissal was valid and fair. From...

Unlawful suspension reversed: Governing body educator

by GilesFiles | Jan 24, 2019 | 2019, Bill of Rights, Causes and defences, Connie Prinsloo, Courts, Dignity equality freedom, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 08b: 185-186(2) Practices, LRA 1995, Parties, Practices (LRL 9), Sectors, Statutes (LRL 2)-work, Suspensions, Topics, Universities and schools | 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,...

Legally deemed discharge: Good cause requirements

by GilesFiles | Aug 31, 2018 | 2018, Causes and defences, Courts, GN Moshoana, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, Parties, Provincial, Review tests, 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,...

Dismissed by law: Overrides LRA dismissal protection

by GilesFiles | Jun 22, 2018 | 2018, André van Niekerk, Causes and defences, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Operation of law, 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,...

Interpretation Act inapplicable: Calculating days of absence

by GilesFiles | Feb 1, 2018 | 2018, Courts, Interpretation etc, Judges, Labour Court, Legislation, MZN Lallie, Provincial, Sectors | 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,...

Application for reinstatement to be decided

by GilesFiles | Mar 22, 2017 | 2017, Anton Steenkamp, Courts, Labour Court, LRA 1995, Parties, Sectors, Termination (LRL 8), Universities and schools | 0 |

Acting under the provisions of s 158(1)(h) of the LRA the LC ordered the employer to decide an application for reinstatement in terms of s 14(2) of the Employment of Educators Act. The employee was deemed to have been dismissed...

Tag: Employment of Educators Act 1998