primary remedy Archives

Deductions from backpay: No agreed fixed term

by GilesFiles | Oct 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Courts, Declaratory, Disallowed, Edwin Molahlehi, Evidence & onus, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Metro, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, 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,...

Post-dismissal behaviour: Irrelevance reinstatement?

by GilesFiles | Nov 1, 2017 | 2017, Courts, Judges, Labour Appeal Court, LAC judges, Legislation, LRA 1995, Resolving disputes (LRL 3), Roland Sutherland, Sectors | 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,...

Primary remedy of reinstatement: Limited exceptions

by GilesFiles | Sep 9, 2016 | 2016, Conduct & capability, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Resolving disputes (LRL 3), RGO Lagrange, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

The LC reviewed and set aside an award in which only compensation was ordered. In DHL Supply Chain (Pty) Ltd v De Beer NO the LAC emphasized that reinstatement is the primary and default remedy. It could only be displaced by...

Tag: primary remedy

Deductions from backpay: No agreed fixed term

Post-dismissal behaviour: Irrelevance reinstatement?

Primary remedy of reinstatement: Limited exceptions