corrective action Archives

Valid but unfair reason: Reinstated with limited backpay

by GilesFiles | Oct 2, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Courts, Declaratory, Government, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics, Transport & communication, Trust & confidence, Warnings | 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,...

Direct access allowed: ConCourt order lacks clarity?

by GilesFiles | May 30, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Costs awarded, Courts, Declaratory, Disallowed, Evidence & onus, Exceptions/special pleas, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, LRA 144 and 165 rescissions, M Madlanga, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Topics | 0 |

Minister of Finance v Sakeliga NPC (fka Afribusiness NPC) Constitutional court allowed direct access to consider application to vary earlier order but what does ‘execution’ mean? [13] Plainly, execution of a...

Achieving legitimate purpose: Employer disputing sanction

by GilesFiles | Mar 15, 2022 | 2020 onwards, Applications, Causes and defences, Central, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 0 |

Department of Defence v Thamaga NO Should labour court assist senior management when achieving legitimate purpose of enforcing reasonable standards of conduct and performance? “[18] This present judgment seeks to revisit...

Tag: corrective action

Valid but unfair reason: Reinstated with limited backpay

Direct access allowed: ConCourt order lacks clarity?

Achieving legitimate purpose: Employer disputing sanction