Desert or abscond Archives

Detained and released employee: Compensated not reinstated?

by GilesFiles | Oct 27, 2025 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Contractual breach, Costs not awarded, Courts, Declaratory, Evidence & onus, General, 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 193, LRA 194, LRA 1995, Operation of law, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Compliance with Covid-19 policies: Refusal to perform?

by GilesFiles | Oct 20, 2025 | 2020 onwards, Absenteeism, Applications, Automatic, Causes and defences, CCMA Rules-new, Contractual breach, Costs awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Objective - correctness, Operation of law, Orders, Parties, Personal services, 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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Security bond exemption: Staying enforcement

by GilesFiles | Sep 12, 2025 | 2020 onwards, Applications, Balancing interests, Causes and defences, Contractual breach, Courts, Declaratory, Granted, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Non-profit organisations, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Security s145, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Termination (LRL 8), Topics | 0 |

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Deemed dismissal confirmed: Unauthorised absence

by GilesFiles | Jul 11, 2024 | 2020 onwards, Absenteeism, Applications, Causes and defences, Courts, Declaratory, Deemed, 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, Provincial, Refused, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Purported desertion considered: Deeming provision?

by GilesFiles | Sep 14, 2022 | 2020 onwards, BM Whitcher, Causes and defences, Central, Constructive: 186(1)(e), Costs, Costs awarded, Courts, Declaratory, Deemed, Exceptions/special pleas, Government, Impossibility or illegality, 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, Objective - correctness, Operation of law, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Reinstatement factors considered: Administrative action

by GilesFiles | Jun 13, 2019 | 2019, Causes and defences, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, Operation of law, PAJA 2000, Provincial, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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South Africa 40 years ago: Dismissal and divorce

by GilesFiles | Apr 5, 2018 | AB - Law generally, AB1 - Fairness principle or concept, BCEA 1997 (LRL 10), Causes and defences, Conduct & capacity, Insights, Interpretation etc, Labour Relations, philosophy / economics, Protect not punish, Risks, Substance, Termination (LRL 8), Trust & confidence | 0 |

Legally the two most important human relationships were treated very differently in South Africa 40 years ago. By law is meant both the common law and legislation enacted by parliament at that time, bearing in mind that the...

Absconding for 5 days: Code justified dismissal?

by GilesFiles | Feb 16, 2017 | 2017, Appeals, Appeals - leave, B Waglay, BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Fair procedure, Government, Insubordination and defiance, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Notice requirements, Operation of law, Orders, Parties, Performance, Policies - all, Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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May cannot mean must: when is obligation imported?

by GilesFiles | Nov 30, 2016 | 2014 and earlier, Causes and defences, Courts, Deceased judges, Judges, Jurisdiction & powers, MJD Wallis, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, Words & phrases | 0 |

‘As was pointed out in the Noble & Barbour v South African Railways and Harbours 1922 AD 527 at 539 – 40, this does not involve reading the word “may” as meaning “must”. As long as the English...

Unfair dismissal unions: No immunity provided

by GilesFiles | Feb 19, 2016 | 2016, Courts, Judges, Labour Court, Labour Court judges, Parties, Termination (LRL 8), Trade unions, Words & phrases | 0 |

Saccawu v Mthethwa (D639/14) [2016] ZALCD 3 (19 February 2016) per Gush J. The trade union dismissed an organiser summarily on 17 February 2012 for alleged abscondment but without affording her any prior right to be heard. The...

Resignation public sector: When deemed?

by GilesFiles | Jun 3, 2014 | 2014 and earlier, Courts, ERelations (LRL 1), John Murphy, Judges, Resignations, Supreme Court of Appeal, Termination (LRL 8) | 0 |

The Public Service Act, 1994 [Proclamation 103 of 1994] is intended to assist the government when employees absent themselves from work or assume other employment. Section 17(3), which replaced s 17(5), means that, subject to...

Tag: Desert or abscond