Trust & confidence Archives

Sanction disproportionate to conduct: Fairness and value judgment

by GilesFiles | Mar 23, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, 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, Micro enterprises, Orders, Parties, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, TC Gandidze, Topics, Trade, Trust & confidence | 0 |

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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 |

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Rejecting plea bargain: Fair procedure required

by GilesFiles | Jan 8, 2026 | 2020 onwards, Allowed, Appeals, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct - gross, Costs, Costs not awarded, Courts, Fair procedure, Interpretation etc, Intolerable, 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, MPN Nkutha-Nkontwana, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 0 |

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Insolence and intemperate language: Progressive discipline required

by GilesFiles | Jan 5, 2026 | 2020 onwards, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Evidence & onus, Insolence and disrespect, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Metro, Orders, Parties, Progressive, Protect not punish, Res judicata (issue estoppel), Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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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 |

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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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Gross misconduct confirmed: Falsely upgrading employees

by GilesFiles | Nov 13, 2025 | Bill of Rights, Causes and defences, Central, Conduct - gross, Contractual breach, Costs not awarded, Courts, Evidence & onus, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, 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 |

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Insolence or insubordination: Justifying summary termination?

by GilesFiles | Oct 17, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, TC Gandidze, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Intolerable gross negligence: Asking correct question?

by GilesFiles | Oct 13, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disciplinary issues, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Insubordination or insolence: Not unreasonable award

by GilesFiles | Sep 5, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Conduct & capacity, Conduct unbecoming, Construction industry, Contractual breach, Courts, Declaratory, False assumptions, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Reviewing arbitration awards: Risk management response

by GilesFiles | Sep 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Conduct & capacity, Conduct unbecoming, Contractual breach, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Management, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Refused, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Operational necessity justification: Trust relationship eroded

by GilesFiles | Aug 13, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Courts, Declaratory, Granted, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Category: Trust & confidence