LRA 189 general Archives

Covid-19 pandemic consequences: Compensation awarded

by GilesFiles | Nov 6, 2025 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Balancing interests, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs not awarded, Courts, Declaratory, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Notice requirements, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication | 0 |

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Bumping principles considered: Substantial compensation awarded

by GilesFiles | Apr 11, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 1997 (LRL 10), Bumping, Causes and defences, Compensation or damages, Costs, Courts, Declaratory, Dignity equality freedom, Fair procedure, Granted, Hospitality, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Management, Managerial prerogative, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

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Alternatives to operational dismissals: Proportionality analysis

by GilesFiles | Dec 10, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Anton Myburgh, Applications, Causes and defences, Contractual breach, Courts, Covid-19 issues, Declaratory, Evidence & onus, False assumptions, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Management, Managerial prerogative, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Operational requirements considered: Notice & severance pay?

by GilesFiles | Oct 2, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Operational requirements not retrenchment: Law misapplied?

by GilesFiles | Jul 30, 2024 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Dual employment relationship: Termination unfair

by GilesFiles | May 8, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Compensation or damages, Contractual breach, Costs, Courts, Declaratory, Deemed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 09: 198-213 General, LRA 198 Temporary employment services, LRA 1995, Objective - correctness, Operation of law, Operational reasons, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Abolishing post and displacement: Reconstructed conclusions?

by GilesFiles | Apr 23, 2024 | 2020 onwards, Applications, Causes and defences, Central, Compensation or damages, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 1995, MPN Nkutha-Nkontwana, Operational reasons, Orders, Parties, Pleadings: amending, Resolving disputes (LRL 3), Restructuring, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Words & phrases | 0 |

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Service not business transferred: LRA s 197 inapplicable

by GilesFiles | Mar 27, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Genuine operational requirements: Alternative postings offered

by GilesFiles | Mar 18, 2024 | 2020 onwards, Appeals, Applications, Causes and defences, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private security, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Reviewing jurisdictional issues: Award set aside

by GilesFiles | Mar 4, 2024 | 2020 onwards, Causes and defences, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Personal services, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Genuine operational requirements: Unfair procedure

by GilesFiles | Nov 20, 2023 | 2020 onwards, Causes and defences, Costs, Courts, Declaratory, Edwin Tlhotlhalemaje, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private security, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Coping with Covid epidemic: Unpaid layoff alternative?

by GilesFiles | Nov 10, 2023 | 2020 onwards, Bumping, Causes and defences, Construction industry, Contractual breach, Costs, Courts, Covid-19 issues, Declaratory, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, RGO Lagrange, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Tag: LRA 189 general