Abuse generally Archives

Conduct worthy of dismissal: Inappropriate language?

by GilesFiles | Mar 24, 2026 | 2020 onwards, Agriculture, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Conduct unbecoming, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, GN Moshoana, Insolence and disrespect, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Progressive, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Specific performance, 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,...

Interdicting benefits payment: Claim against employee

by GilesFiles | Dec 3, 2025 | 2020 onwards, Applications, Causes and defences, Costs, Costs awarded, Courts, Damages, Declaratory, Dennis Davis, Finance, General, Granted, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pension & retirement funds, Personal services, Private enterprises, Sectors, Statutory, Topics, Urgency | 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,...

Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State Owned Enterprises, 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,...

World of work law: Unique legal zone

by GilesFiles | Oct 16, 2025 | AB - Law generally, AG - Legal research, AU - ChatGPT, Insights | 0 |

✅ 1. What distinguishes Civil Law from Criminal Law? FEATURE CRIMINAL LAW CIVIL LAW Purpose Punish wrongdoing; protect society Resolve disputes; compensate harm Parties State (prosecution) vs Accused Private parties...

Intervening in disciplinary proceedings: Exceptional circumstances?

by GilesFiles | Jul 15, 2025 | 2020 onwards, André van Niekerk, Appeals, Appeals - leave, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Disallowed, erroneously sought, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, Orders, Parties, Provincial, Resolving disputes (LRL 3), Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Foul abusive language: Harassment & protection

by GilesFiles | Jul 2, 2025 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Sectors, Statutory, Topics | 0 |

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Alleged Cardinal Sin: Reinstatement appropriate remedy

by GilesFiles | May 30, 2025 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Codes, Conduct unbecoming, Contractual breach, Costs not awarded, Courts, Declaratory, incitement, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Manufacturing, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, 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,...

Model argument and award: Valid and fair dismissal reason

by GilesFiles | Mar 29, 2025 | AB1 - Fairness principle or concept, AL - ILO, Bill of Rights, Causes and defences, CCMA awards, Conduct - gross, Conduct & capacity, Conduct unbecoming, Contractual breach, Declaratory, Evidence & onus, Harass & bully, ILO Conventions, Incompatibility, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, Management, Managerial prerogative, Orders, Parties, Performance, Policies - all, Private enterprises, Protect not punish, Risks, Sectors, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute, Zero tolerance | 0 |

EMPLOYER MODEL ARGUMENT: Workplace bullying INTRODUCTION AND BACKGROUND 1. The employer employed a senior manager at a substantial annual salary and dismissed her on notice 8 months later. 2. The manager has challenged her...

Admitting hearsay evidence: Law considered and applied

by GilesFiles | Mar 20, 2025 | 2020 onwards, B Waglay, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Concluding settlement agreement: Employer alleging duress?

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, General, 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, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, 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,...

Unlawfully applying self-help: Employment termination void

by GilesFiles | Feb 28, 2025 | 2020 onwards, Applications, Automatic, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Local, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 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,...

Abusing managerial power: Examples

by GilesFiles | Jan 18, 2025 | AA - Resources generally, AN - ILJ articles etc, AU - ChatGPT, Checklists, Insights | 0 |

Examples of managers abusing their power when disciplining or terminating employees. 1. Unfair Targeting Example: A manager consistently singles out an employee for minor infractions, such as being a few minutes late, while...

Tag: Abuse generally