BCEA 35 Archives - GilesFiles

Operational requirements termination: Nature of possible claims

by GilesFiles | May 19, 2025 | 2020 onwards, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bumping, Causes and defences, Compensation or damages, Connie Prinsloo, Construction industry, Costs, Courts, Damages, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Minute: pre-trial or arb, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Sectors, Severance pay, 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,...

Forfeiting severance pay: Dismissal related to conduct

by GilesFiles | Apr 25, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, 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,...

Above threshold pay: BCEA 73A and 77(3) powers

by GilesFiles | Oct 20, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Conduct & capacity, Costs, Courts, Declaratory, Fair procedure, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, 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,...

Earnings include commission: BCEA s6(3) rw s73A

by GilesFiles | Jul 26, 2022 | 2020 onwards, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), Causes and defences, Costs, Costs awarded, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, 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,...

Calculating severance pay: Includes acting allowance?

by GilesFiles | Aug 23, 2021 | 2020 onwards, BCEA 1997 (LRL 10), Costs, Costs not awarded, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Mining, MPN Nkutha-Nkontwana, Objective - correctness, Operational reasons, Orders, Parties, Private security, Review tests, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Performance incentive bonus: Salary or benefit?

by GilesFiles | May 31, 2021 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Constructive: 186(1)(e), Contractual breach, Courts, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MPN Nkutha-Nkontwana, Objective - correctness, Resignations, Review tests, Special pleas, Statutes (LRL 2)-work, 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,...

Rebutting deeming provision: LRA s198B(5) novation

by GilesFiles | Feb 20, 2020 | 2020 onwards, BCEA 1997 (LRL 10), Causes and defences, Conduct & capacity, Courts, Declaratory, Deemed, Disputes: factual, Evidence & onus, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LLAA 10/18, LRA 07: 112-184 Dispute, LRA 09: 198-213 General, LRA 1995, LRAA 8/18, Objective - correctness, Orders, Parties, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade unions | 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,...

Commission claim allowed: Unaffected by dismissal

by GilesFiles | May 12, 2016 | 2016, 2016, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Dennis Davis, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Landmark judgments, Miscellaneous, Roland Sutherland, Statutes (LRL 2)-work, Topics, Words & phrases | 1 |

Zapop (Pty) Ltd v CCMA (CA21/2014) [2016] ZALAC 16 ; [2016] 9 BLLR 910; (2016) ILJ 1882 (LAC) (12 May 2016) per Sutherland JA [Davis and Musi JJA concurring] Commission claim allowed: After being unfairly dismissed an employee...

Tag: BCEA 35