Substance Archives - GilesFiles

Gross insubordination described: Challenging authority?

by GilesFiles | Mar 13, 2026 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics | 0 |

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Obeying lawful instructions: Conduct on premises

by GilesFiles | Jan 26, 2026 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Disallowed, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Zero tolerance | 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,...

Trust relationship destroyed: Dismissal not unreasonable

by GilesFiles | Jan 19, 2026 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Disciplinary issues, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, Trust & confidence, Zero tolerance | 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,...

Procedurally unfair dismissal: Conduct unbecoming averment?

by GilesFiles | Dec 16, 2025 | BCEA 1997 (LRL 10), Causes and defences, CCMA awards, CCMA members, Codes, Compensation or damages, Conduct - gross, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, Fair procedure, Granted, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Intolerable, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, Minute: pre-trial or arb, Notice requirements, Orders, Parties, Personal services, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void, 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,...

Substantively unfair dismissal: Reinstatement ordered

by GilesFiles | Dec 2, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs not awarded, Courts, Disputes: factual, Evidence & onus, Fair procedure, Granted, Harass & bully, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Progressive, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Universities and schools, Unlawful and void | 0 |

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Retrospective reinstatement limited: Common purpose discussed

by GilesFiles | Nov 12, 2025 | 2020 onwards, 67 protected strike, Agriculture, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct - gross, Conduct unbecoming, Consistency element, Contractual breach, Costs not awarded, Courts, Declaratory, Evidence & onus, Interpretation etc, intimidation, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, Zero tolerance | 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,...

Alleged Cardinal Sin: Reinstatement appropriate remedy

by GilesFiles | May 30, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Codes, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, incitement, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, 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,...

Breaching picketing rules: Some reinstated retrospectively

by GilesFiles | May 28, 2025 | 2020 onwards, 64-77 Strikes, AB1 - Fairness principle or concept, André van Niekerk, Appeals, Appeals - leave, Balancing interests, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Conduct - gross, Contractual breach, Courts, Declaratory, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Unfair dismissal reason: Validity and fairness concepts

by GilesFiles | May 8, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, ConCourt judges, Conduct & capacity, Conduct unbecoming, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Evidence & onus, False assumptions, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Lawfulness & fairness, leave to appeal, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Protect not punish, Provincial, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Unlawful and void, Warnings, Work Science Institute | 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,...

Model argument and award: Valid and fair dismissal reason

by GilesFiles | Mar 29, 2025 | AB1 - Fairness principle or concept, AL - ILO, Bill of Rights, Causes and defences, CCMA awards, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Declaratory, Evidence & onus, Harass & bully, ILO Conventions, Incompatibility, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Management, Managerial prerogative, Orders, Parties, Performance, Policies - all, Private enterprises, Protect not punish, Risks, Sectors, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute, Zero tolerance | 0 |

EMPLOYER MODEL ARGUMENT: Workplace bullying INTRODUCTION AND BACKGROUND 1. The employer employed a senior manager at a substantial annual salary and dismissed her on notice 8 months later. 2. The manager has challenged her...

Disobeying lawful instruction: Valid reason but unfair dismissal

by GilesFiles | Mar 20, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Fair procedure, False assumptions, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Manufacturing, Orders, Parties, Performance, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

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Dereliction of sales duties: Valid and fair reason?

by GilesFiles | Jan 13, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Disputes: factual, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Performance, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Trade, 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,...

Category: Substance