Relationships Archives

Summary termination of employment: “Cause recognised by law”

by GilesFiles | Jan 4, 2025 | AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AU - ChatGPT, Insights, Management, Managerial prerogative, Work Science Institute | 0 |

In context of terminating employment contracts what is regarded as a cause recognised by law [BCEA s 37(6)(b)] as sufficient to deprive employees of statutory, agreed or reasonable notice of termination or payment in lieu...

Æsculapian Authority: Doctor-patient relationship

by GilesFiles | Dec 15, 2024 | AA - Resources generally, AB1 - Fairness principle or concept, Insights | 0 |

Æsculapian Authority and the Doctor-patient Relationship Erik T. Paterson, M.B., Ch.B., D.Obst.R.C.O.G., F.B.I.S Abstract It is time to remind the Medical Community of some of the fundamentals underlying its ability to do what...

Protected: Post-employment benefits: Forfeiture of benefits

by GilesFiles | Aug 31, 2024 | AQ - De Rebus, Insights | 0 |

Lapsing of managerial appointment: Interim order granted

by GilesFiles | Jul 30, 2024 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Deemed, Evidence & onus, Government, Granted, Granted, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Metro, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, 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,...

Misappropriating university funds: Reasonable prospects on appeal?

by GilesFiles | Oct 13, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Delict, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, leave to appeal, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Private arbitration, Protectable interests, Public policy, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics, Universities and schools | 0 |

JWR v University of Stellenbosch How does the high court assess reasonable prospects of success on appeal after having awarded substantial damages for misappropriating university funds by former employee? “[1] The...

Material gross irregularity: Award set aside

by GilesFiles | Dec 14, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Courts, Evidence & onus, Finance, Hearing procedure, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Management, Orders, Parties, Performance, Policies - all, Private enterprises, Review tests, Risks, 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,...

Contractual damages claim: Disgorging secret profit

by GilesFiles | Aug 30, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Finance, GN Moshoana, HC Uniform, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Policies - all, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Dismissal not proved: Employment not intolerable

by GilesFiles | Feb 7, 2022 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Costs, Courts, Evidence & onus, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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,...

Reviewing compensatory awards: Job creation programme

by GilesFiles | Jul 2, 2021 | 2020 onwards, Appeals, Appeals - leave, Courts, Evidence & onus, Government, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Municipal, Operational reasons, Orders, Parties, Review tests, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), TES - LRA 198, 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,...

Resigning immediately analysed: Evading discipline?

by GilesFiles | Dec 10, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, B Waglay, Banks, Causes and defences, Conduct & capacity, Contractual breach, Courts, Finance, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resignations, Risks, Sectors, 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,...

Harassment unacceptable conduct: Dismissal appropriate?

by GilesFiles | Oct 13, 2020 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Conduct - gross, Conduct & capacity, Courts, Disallowed, Evidence & onus, Government, Harass & bully, Insights, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Orders, Parties, Performance, Policies - all, Provincial, Review tests, Risks, Sectors, Severance pay, Sidumo - see also awards s 145, State organs, 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,...

Intolerability high threshold: Breaking point reached?

by GilesFiles | Sep 9, 2020 | 2020 onwards, Constructive: 186(1)(e), Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Mining, MPN Nkutha-Nkontwana, Objective - correctness, Orders, Parties, Private enterprises, Resignations, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Thresholds, 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: Relationships