LRA 188(1)(b) process Archives

Performance standards considered: Incapacity related

by GilesFiles | Mar 16, 2023 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Fair procedure, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA C: 133-150 CCMA, Operational reasons, Orders, Parties, Performance, Review tests, RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Adducing false evidence: Absence of record?

by GilesFiles | Nov 29, 2022 | 2020 onwards, Appeals, Causes and defences, Conduct & capacity, Costs, Courts, Evidence & onus, Fair procedure, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Motor industry, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Appeal rights considered: Unlawful but not unfair

by GilesFiles | Nov 18, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Conduct & capacity, Contractual breach, Costs awarded, Courts, Declaratory, Evidence & onus, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Specific performance, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Multiple causes of action: Unlawful and unfair termination

by GilesFiles | Sep 27, 2022 | 2020 onwards, AB1 - Fairness principle or concept, AH09 - LRA, AH10 - BCEA, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Local, LRA 1995, Orders, Parties, Refused, Resolving disputes (LRL 3), Roland Sutherland, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

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 & capacity, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disputes: factual, Evidence & onus, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Performance, Personal services, 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 related termination: All claims rejected

by GilesFiles | Sep 15, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, Orders, Parties, Retirement, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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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Common purpose explained: LC to reconsider outcome

by GilesFiles | Aug 22, 2022 | 2020 onwards, 64-77 Strikes, Allowed, Appeals, Appeals - leave, Causes and defences, Common law, Compensation or damages, ConCourt judges, Conduct & capacity, Constitutional Court, Contractual breach, Costs, Costs not awarded, Courts, Damages, Declaratory, Disputes: factual, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, M Madlanga, Manufacturing, Operational reasons, Orders, Parties, Performance, Private enterprises, Review tests, Risks, Roman Dutch law, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Restructuring business operations: Process considered

by GilesFiles | Jul 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Collective action, Common law, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Evidence & onus, Exceptions/special pleas, Finance, General, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Restructuring, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Breaching collective agreement: Dismissal procedurally unfair

by GilesFiles | Jun 13, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Fair procedure, Government, H Rabkin-Naicker, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 193, LRA 1995, Municipal, Operational reasons, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Retrospective reinstatement ordered: Assess independently?

by GilesFiles | May 10, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 193, LRA 1995, Orders, Parties, Reinstatement, Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Adjudicating before conciliation: Exception to general rule?

by GilesFiles | May 6, 2022 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, Applications, BCEA 1997 (LRL 10), Causes and defences, Condonation, Costs, Costs not awarded, Courts, Declaratory, Exceptions/special pleas, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Tag: LRA 188(1)(b) process