Clear and convincing evidence Archives

Unilateral salary reduction: Employment contract breached

by GilesFiles | Jun 26, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Serious dishonesty assessed: Trust relationship destroyed

by GilesFiles | Nov 23, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Consistency element, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Employee honesty and integrity: Dismissal valid and fair

by GilesFiles | Jun 21, 2023 | 2020 onwards, Costs, Courts, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Material gross irregularity: Award set aside

by GilesFiles | Dec 14, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Banks, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Evidence & onus, Fair procedure, Finance, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Performance, Policies - all, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Vital dismissal factors: Trust relationship destroyed

by GilesFiles | Nov 29, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Government, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Risks, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Reasonable alternative employment: Severance pay?

by GilesFiles | Oct 24, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Review tests, RGO Lagrange, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 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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Highest ethical standards: Valid dismissal reason

by GilesFiles | Oct 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Costs, Costs not awarded, Courts, Evidence & onus, Government, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, P Coppin, Parties, Provincial, Review tests, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 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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Occupier construction rights: Improve not build

by GilesFiles | Oct 5, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Invalid management rule: Consent-adversely affected?

by GilesFiles | Sep 30, 2022 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, Statutory, Topics | 0 |

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Radio presenter status: Contractor not employee

by GilesFiles | Sep 20, 2022 | 2020 onwards, Causes and defences, Central, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Fixed-term, Government, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Operation of law, Orders, Parties, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Tag: Clear and convincing evidence