Probabilities Archives

Binding separation agreements: Probabilities before credibility

by GilesFiles | Apr 11, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Mutual termination, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Private security, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, 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,...

Legitimate operational response: Trust relationship destroyed

by GilesFiles | Mar 18, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Contractual breach, Courts, Declaratory, Disciplinary action, Evidence & onus, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Mining, Operational reasons, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

Amcu v CCMA (Assmang – Blackrock Mine) When is dismissal related to conduct a legitimate operational response and a valid and fair reason to terminate services of employee with long service? [57] There can thus be little doubt...

Post employment commission: Earned and payable?

by GilesFiles | Mar 27, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Management, Orders, Parties, Policies - all, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Sectors, 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,...

Unliquidated damages claim: Labour court’s jurisdiction?

by GilesFiles | Feb 27, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Pleadings, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Vital dismissal factors: Trust relationship destroyed

by GilesFiles | Nov 29, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Gross misconduct, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, State organs, 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,...

Informal dispute resolution: Speedy and inexpensive?

by GilesFiles | Sep 27, 2022 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, 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, Orders, Parties, Personal services, Poor performance, Private enterprises, Resolving disputes (LRL 3), 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, Resolving disputes (LRL 3), 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...

Dishonesty justifies dismissal: Trust relationship destroyed

by GilesFiles | Feb 16, 2022 | 2020 onwards, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Evidence & onus, Government, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

Unreasonable renewal expectation: Morphing of agreement?

by GilesFiles | Nov 25, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Deemed, Evidence & onus, General, Government, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, P Coppin, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, 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,...

Resolving factual disputes: Motion and trial proceedings

by GilesFiles | Oct 5, 2018 | Causes and defences, Evidence & onus, Insights, Interpretation etc, Legal Practice, Work Science Institute | 0 |

Factual disputes Resolving factual disputes in necessary in almost all legal proceedings but different approaches are adopted depending on the nature of the proceedings and whether actual evidence is adduced or whether the court...

Approaching factual disputes: Adopt correct test

by GilesFiles | Mar 28, 2018 | 2018, Applications, Causes and defences, Courts, Evidence & onus, Insights, Interpretation etc, Landmark judgments, Legal Practice, Topics | 0 |

Stellenbosch Farmers’ Winery Group Ltd and Another v Martell et Cie and Others, Many years ago the former SCA set out what it regarded as the correct approach to be adopted in resolving factual disputes and to assist...

Evaluate probabilities carefully: Rather than credibility

by GilesFiles | Nov 18, 2016 | 2016, Labour Court, Legal Practice, Resolving disputes (LRL 3), RGO Lagrange | 0 |

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Tag: Probabilities