LRA 186(1)(a) notice Archives

Unauthorised absenteeism considered: Deemed dismissal?

by GilesFiles | Sep 13, 2024 | 2020 onwards, Absenteeism, Anton Myburgh, Applications, Automatic, Causes and defences, Central, Contractual breach, Courts, Declaratory, Deemed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Pleadings: amending, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Deemed resignation after election: True jurisdictional issue

by GilesFiles | Jun 20, 2024 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Deemed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Local, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Prematurely terminating employment: Retirement age?

by GilesFiles | May 5, 2023 | AUD, CCMA awards, Conduct & capacity, Courts, Fixed-term, Judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Retirement, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

RE v University of Fort Hare Does prematurely terminating a fixed-term employment contract signed before reaching retirement age deprive employers of right to rely on s 187(2)(b) of LRA? “[31] In Buthelezi v Municipal...

Highest ethical standards: Valid dismissal reason

by GilesFiles | Oct 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Costs, Costs not awarded, Courts, Evidence & onus, Government, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, P Coppin, Parties, Provincial, Review tests, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Alternative remedy available: Refused application

by GilesFiles | Aug 30, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Government, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Rules Codes & Manual, Sean Snyman, Sectors, self-created urgency, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, staying proceedings, Topics | 0 |

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True cause of action: Urgent application refused

by GilesFiles | Aug 30, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Costs awarded, Courts, Government, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Struck off, Termination (LRL 8), Topics, Urgency | 0 |

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Abusing court process: Warning re punitive costs

by GilesFiles | Aug 29, 2022 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Costs, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence | 0 |

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Political appointment considered: Labour rights?

by GilesFiles | Aug 5, 2022 | 2020 onwards, Applications, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Exceptions/special pleas, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Operation of law, Orders, Parties, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

M v Executive Mayor: Nelson Mandela When is a political appointment considered to be one other than as an employee? “[55] Clause 22 of the agreement deals with good faith and reads: ‘The parties undertake to observe...

Safety risk assessment: Working in high-heels

by GilesFiles | Jun 27, 2022 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Evidence & onus, GN Moshoana, incitement, Insights, Insubordination and defiance, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Mining, Orders, Parties, Policies - all, Private enterprises, 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 |

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Age discrimination confirmed: Compensated 24 months

by GilesFiles | Jun 9, 2022 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Compensation or damages, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Municipal, Orders, Parties, Reinstatement, Retirement, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 onwards, AB1 - Fairness principle or concept, Applications, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Deemed, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, Government, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MPN Nkutha-Nkontwana, Operation of law, Orders, Parties, Protectable interests, Provisos, Public policy, Retirement, Roman Dutch law, Sectors, Severance pay, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

Workplace bullying considered: Favouring males

by GilesFiles | May 6, 2022 | Causes and defences, CCMA awards, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Harass & bully, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Performance, Policies - all, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, 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,...

Tag: LRA 186(1)(a) notice