62 Retail trade not vehicles Archives

Constructive dismissal analysed: Salary reduced

by GilesFiles | Nov 22, 2022 | 2020 onwards, Causes and defences, Constructive: 186(1)(e), Contractual breach, Costs, Costs not awarded, Courts, Covid-19 issues, Declaratory, Evidence & onus, Insights, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Suzanna Harvey, Termination (LRL 8), Topics, Trade | 0 |

Westcor SA (Pty) Ltd v TM Is a constructive dismissal inherently unfair and if not how must the facts be analysed and who bears the onus of proof? “[26] A ‘constructive dismissal’ occurs when the employee resigns because...

Trust relationship destroyed: Gross insubordination

by GilesFiles | Oct 31, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs awarded, Costs not awarded, Courts, Declaratory, F Kathree-Setiloane, Insights, Insubordination and defiance, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence | 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,...

Interdicting political party: Rule nisi confirmed

by GilesFiles | Jun 18, 2021 | 2020 onwards, Applications, Causes and defences, Confirmed, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Granted, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Rule nisi, Sectors, Statutes (LRL 2)-work, Topics, Urgency | 0 |

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Invalidity declaration reversed: Procedural requirements

by GilesFiles | May 18, 2020 | 2020 onwards, 64 Strikes/lockouts, 64-77 Strikes, Allowed, Appeals, Appeals - leave, Courts, Declaratory, Dennis Davis, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Notice requirements, Operational reasons, Orders, Parties, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

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Third party misconduct: Excluded from discrimination claim

by GilesFiles | May 18, 2020 | 2020 onwards, Appeals, Courts, Dennis Davis, Discrimination (LRL 11), EEA Chpt II ss 5-11, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Harass & bully, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Trade union constitution: Scope and eligibility

by GilesFiles | Mar 26, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Disallowed, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Logistics, LRA 02: 4-10 FOA, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Orders, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Protectable interests examined: Unrealistic threat?

by GilesFiles | Feb 24, 2020 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Markets in SA, Orders, Parties, philosophy / economics, Private enterprises, Protectable interests, Public policy, Refused, Sectors, Topics, Trade restraints, Urgency | 0 |

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

Interdicting threatened strike: Examining mutual interest

by GilesFiles | Feb 14, 2020 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Applications, Confirmed, Costs, Courts, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Refused, Rule nisi, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Compelling operational burden: Unprotected strikers

by GilesFiles | Jan 30, 2020 | 2020 onwards, 64 Lockout, 64 Strikes/lockouts, 64-77 Strikes, 68 strike unprotected, Agriculture, Collective action, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

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Jurisdictional issues considered: Leave pay declined

by GilesFiles | Jan 28, 2020 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), BM Whitcher, Causes and defences, Costs, Courts, Declaratory, Delict, Exceptions/special pleas, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Joinder rescission review: Practice Manual applied

by GilesFiles | Jan 23, 2020 | 2020 onwards, Applications, Courts, Edwin Tlhotlhalemaje, Joinder, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 144 and 165 rescissions, LRA 1995, Objective - correctness, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

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Locking out protected: 13th cheque dispute

by GilesFiles | Nov 29, 2019 | 2019, 64 Lockout, 64 Strikes/lockouts, 64-77 Strikes, Applications, Collective Bargaining (LRL 5), Costs, Courts, Exceptions/special pleas, Hospitality, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Management, Parties, Policies - all, Refused, Refused, Rule nisi, Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics, Trade unions, Urgency | 0 |

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Tag: 62 Retail trade not vehicles