but for test Archives

Substantially fair terminations: Bumping and selection criteria

by GilesFiles | May 27, 2024 | 2020 onwards, 64 Lockout, André van Niekerk, Appeals, Appeals - leave, Bumping, Causes and defences, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Restructuring, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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,...

Determining causal link: Merger and dismissals

by GilesFiles | Apr 17, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission Determining causal link between retrenching and rehiring at lower salaries and whether it breached condition of merger? “[73] On the issue of the alleged...

Shortlisting failure unfair: Compensation awarded

by GilesFiles | Mar 15, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Differentiation not discrimination, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Promotion or demotion, Rules Codes & Manual, Sectors, 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,...

Training to operate machines: negligence proved

by GilesFiles | Feb 6, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Legislation, Manufacturing, Motor industry, Orders, Parties, Pleadings: amending, Rules Codes & Manual, 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,...

Automatically unfair dismissal: Protected disclosure

by GilesFiles | Jan 18, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Harass & bully, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Minute: pre-trial or arb, MTM Phehane, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, 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,...

Business email compromise: Wrongful and negligent?

by GilesFiles | Jan 16, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Management, Orders, Parties, Personal Information, Personal services, Pleadings: amending, Policies - all, Private enterprises, Protectable interests, Risks, Rules Codes & Manual, Sectors, Topics | 0 |

H v ENS Inc In context of BEC (business email compromise) when should the law recognise a legal duty of care when invoices are sent for payment? [131] The interests of the defendant as well as the society demand that a legal...

Employment merger conditions: Specific to dismissals

by GilesFiles | Jun 17, 2022 | Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Competition Appeal Court, Consumer protection, Costs, Costs awarded, Courts, Declaratory, Disputes: factual, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Markets in SA, Orders, Parties, philosophy / economics, Private enterprises, Protectable interests, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Competition Commission v Coca-Cola Beverages Africa (Pty) Ltd In what manner is Commission required to act when performing oversight regarding compliance with employment merger conditions? “[61] Sight cannot be lost that...

Tag: but for test

Substantially fair terminations: Bumping and selection criteria

Determining causal link: Merger and dismissals

Shortlisting failure unfair: Compensation awarded

Training to operate machines: negligence proved

Automatically unfair dismissal: Protected disclosure

Business email compromise: Wrongful and negligent?

Employment merger conditions: Specific to dismissals