BR Tokota Archives - GilesFiles

Compensation not reinstatement: Intolerable conduct

by GilesFiles | Oct 21, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Bill of Rights, Causes and defences, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, District, Insolence and insubordination, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, Orders, Parties, Progressive, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Interpreting collective agreements: Pension contributions

by GilesFiles | Oct 2, 2025 | 2020 onwards, Appeals, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Motor industry, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Failing to disclose information: Allowed employer’s appeal

by GilesFiles | Jun 26, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules-new, Legal Practice, Legality principle, Legislation, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Promotion or demotion, Provincial, Regulations, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Damages awarded unlawfully: Harassment & s 60 EEA

by GilesFiles | Nov 10, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Conduct - gross, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, District, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, EEA Chpt VI 53-65, Employ Equity (LRL 12), Evidence & onus, Fair procedure, Government, Harass & bully, Hearsay, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Policies - all, Review tests, 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,...

Shortlisting potential applicants: Unfair labour practice?

by GilesFiles | Oct 18, 2022 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Costs, Costs not awarded, Courts, Disallowed, Evidence & onus, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Management, Orders, Parties, Personal services, Policies - all, Practices (LRL 9), Promotion or demotion, Recusal, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Topics, Universities and schools | 0 |

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Drivecam policy breached: Sidumo test explained

by GilesFiles | Oct 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bargaining councils, Causes and defences, Conduct - gross, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Fair procedure, Insights, Insubordination and defiance, Interpretation etc, Intolerable, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Policies - all, Private enterprises, Review tests, 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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Zero-tolerance approach: Breaching drug policy

by GilesFiles | Oct 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct - gross, Conduct & capacity, Construction industry, Contractual breach, Costs, Costs not awarded, Courts, Evidence & onus, 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, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Appropriate risk management: Gross misconduct

by GilesFiles | Jul 5, 2022 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Consistency element, Costs, Costs not awarded, Courts, Disallowed, Government, Insights, Judges, Labour Appeal Court, Labour Relations, LAC judges, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Determining dismissal fairness: Valid and fair reason

by GilesFiles | Apr 29, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Arrear salary claim: Flagrantly disregarding court order

by GilesFiles | Apr 7, 2022 | 2020 onwards, Appeals, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Constructive: 186(1)(e), Costs, Costs awarded, Courts, Declaratory, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Private security, Resignations, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Dishonesty justifies dismissal: Also insubordination

by GilesFiles | Mar 22, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Insubordination and defiance, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Operational reasons, 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 | 0 |

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Contempt proceedings considered: Liquidation and joinder

by GilesFiles | Mar 22, 2022 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Condonation, Contempt, Contractual breach, Costs, Costs not awarded, Courts, Disallowed, erroneously sought, Evidence & onus, Exceptions/special pleas, Joinder, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Refused, Rules Codes & Manual, Sectors, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Tag: BR Tokota