Pre-dismissal arbitrations Archives

Pre-dismissal arbitration: Alleged unlawful termination

by GilesFiles | Jun 21, 2024 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Metro, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, 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,...

Expired incentive bonus: Process remedy granted

by GilesFiles | Oct 25, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, General, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Management, Objective - correctness, Orders, Parties, Poor performance, Practices (LRL 9), Private enterprises, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Important mitigating factors: Progressive discipline

by GilesFiles | Dec 1, 2020 | 2020 onwards, Appeals, Conduct & capability, Courts, Disciplinary action, Hearing procedure, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Resolving disputes (LRL 3), Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication, Warnings | 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,...

Summary dismissal void: SABC materially breached contract

by GilesFiles | Nov 27, 2020 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Conduct & capability, Contractual breach, Courts, Dennis Davis, Disallowed, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Notice requirements, Operational reasons, Orders, Parties, Recusal, Resolving disputes (LRL 3), Sectors, State organs, State Owned Enterprises, 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,...

Pre-dismissal arbitration: Employer breached agreement

by GilesFiles | Mar 2, 2016 | 2016, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Conduct & capability, Contractual breach, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LRA 1995, LRA 8a: 185-197B Dismissal, MZN Lallie, Public policy, 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,...

Pre-dismissal arbitration: Insubordination and insolence

by GilesFiles | Feb 26, 2016 | 2016, Applications, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

The Labour Court reviewed and set aside the award. This meant the employer had a valid and fair reason to dismiss related to the employee’s refusal to obey an instruction to transfer to another location. The Labour Court...

Review: Pre-dismissal inquiry ruling

by GilesFiles | Nov 17, 2015 | 2015, Anton Steenkamp, Conduct & capability, Courts, Deceased judges, Hearing procedure, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Resolving disputes (LRL 3), Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Thresholds, Topics | 0 |

Nehawu obo Lerumo v PM Venter NO (C183/12) [2015] ZALCCT 66 (17 November 2015) per Steenkamp J. The Labour Court reviewed and upheld proceedings relating to a pre-dismissal ruling (treated as an award) in terms of s188A of the...

Pre-dismissal inquiry: Reviewing LRA s188A rulings

by GilesFiles | Jul 24, 2014 | 2014 and earlier, 2014 and earlier, André van Niekerk, Conduct & capability, Courts, Hearing procedure, Judges, Labour Appeal Court, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Resolving disputes (LRL 3), Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

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,...

Constitution distinguishes between employment & administrative action

by GilesFiles | Nov 5, 2009 | 2014 and earlier, Bill of Rights, Courts, Judges, Legislation, PAJA 2000, Supreme Court of Appeal, Topics | 0 |

Assume you are employed in the public sphere as a deputy director and your employer purports to terminate your employment. Your employer then agrees to ‘pre-dismissal arbitration’, as provided in s 188A of the Labour...

Tag: Pre-dismissal arbitrations