LRA 186(2)(b) discipline Archives

Participating in unprotected strike: Unsafe mine conditions?

by GilesFiles | Apr 23, 2025 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Balancing interests, Bill of Rights, Causes and defences, Conduct & capacity, Courts, Covid-19 issues, Declaratory, Granted, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Reinstatement, Resolving disputes (LRL 3), RN Daniels, Sectors, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Valid but unfair reason: Warnings and conduct

by GilesFiles | Nov 6, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Collective action, Conduct & capacity, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, 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, Manufacturing, MR Makhura, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Warnings | 0 |

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Diplomatic accreditation considered: Jurisdiction lacking to grant relief

by GilesFiles | Oct 12, 2023 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Refused, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, self-created urgency, State organs, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics | 0 |

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Labour practices considered: Lay-off or suspension?

by GilesFiles | Mar 17, 2023 | 2020 onwards, Causes and defences, Courts, GN Moshoana, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Practices (LRL 9), Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Suspensions, Topics | 0 |

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Precautionary suspension considered: Right to extend?

by GilesFiles | Oct 12, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Government, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 193, LRA 1995, Management, Orders, Parties, Refused, Risks, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, Topics | 0 |

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Constitutional equality right: Proof of discrimination?

by GilesFiles | Aug 12, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Constructive: 186(1)(e), Costs, Costs not awarded, Courts, Declaratory, Delict, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, ILO Convention 111/1958, ILO Conventions, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Objective - correctness, Orders, Parties, Personal services, Policies - all, Practices (LRL 9), Private enterprises, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings | 0 |

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Disciplinary action abandoned: Unfair labour practice?

by GilesFiles | Aug 1, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Central, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Fair procedure, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 01: 1-3 Purpose, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, MV Phatshoane, Objective - correctness, Orders, Parties, Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics | 0 |

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Public service injustice: Hearings and suspensions

by GilesFiles | Jul 18, 2022 | 2020 onwards, André van Niekerk, Applications, Awards -s145 see also Sidumo, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Practices (LRL 9), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Suspensions, Topics | 0 |

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Sexual harassment principles: Employer liability considered

by GilesFiles | Dec 10, 2021 | 2020 onwards, Appeals, Bill of Rights, Causes and defences, Conduct & capacity, Constructive: 186(1)(e), Costs, Courts, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Harass & bully, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Management, Orders, Parties, Policies - all, Practices (LRL 9), Private enterprises, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Unpaid employment benefits: Default judgment rejected

by GilesFiles | Aug 18, 2020 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), Causes and defences, Courts, Declaratory, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Practices (LRL 9), Special pleas, Statutes (LRL 2)-work, Statutory, Suspensions, Topics | 0 |

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Suspension without pay: Unfair conduct compensated

by GilesFiles | Jul 15, 2020 | 2020 onwards, Awards -s145 see also Sidumo, Courts, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, Practices (LRL 9), Review tests, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Suspensions, Topics | 0 |

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Support staff excluded: Beyond Council’s jurisdiction

by GilesFiles | Jul 14, 2020 | 2020 onwards, Allowed, Appeals, Bargaining councils, Courts, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, MV Phatshoane, Orders, Organisations (LRL 4), Parties, Practices (LRL 9), Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Tag: LRA 186(2)(b) discipline