Benefits - retained Archives

Reasonable instruction disobeyed: Dismissal valid and fair

by GilesFiles | Jul 26, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, Insights, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Manufacturing, Orders, Parties, Private enterprises, Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Restructuring business operations: Process considered

by GilesFiles | Jul 18, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Collective action, Common law, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Evidence & onus, Exceptions/special pleas, Finance, General, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private enterprises, Restructuring, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Severance pay, 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,...

Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, Government, Illness & injury, ILO Convention 158/1982, ILO Conventions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State organs, State Owned Enterprises, 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,...

Requiring holistic approach: Just treatment of employees

by GilesFiles | Oct 2, 2019 | AB - Law generally, Causes and defences, Insights, Labour Relations, Termination (LRL 8), Topics | 0 |

Holistic approach needed by senior management and a decision-making framework that ensures decisions are economically, environmentally and socially sound i.e. the triple bottom line. In particular this applies when it becomes...

Conflicting medical certificates: Capacity related dismissal

by GilesFiles | Jun 27, 2019 | 2019, Conduct & capacity, Courts, Illness & injury, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Private enterprises, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

Parexel International (Pty) Ltd v Chakane NO Conflicting medical certificates provided by different medical practitioners and the absence of any indication of when the employee would return to work meant that after 9 months...

Final written warnings: Compare practices with dismissals

by GilesFiles | Mar 5, 2019 | 2019, Banks, Courts, Fair procedure, Insubordination and defiance, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 08b: 185-186(2) Practices, LRA 1995, Parties, Practices (LRL 9), Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics, 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,...

Union official dismissed: Trust and confidence lost

by GilesFiles | Feb 24, 2019 | CCMA awards, CCMA members, Courts, Judges, Labour Relations, Municipal, Parties, Sectors, Termination (LRL 8), Topics, Trade unions, Trust & confidence | 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,...

Precautionary suspension considered: Right to be heard?

by GilesFiles | Feb 19, 2019 | 2019, ConCourt judges, Conduct & capacity, Constitutional Court, Costs, Courts, Fair procedure, Judges, L Theron, Labour Relations, Legal Practice, Practices (LRL 9), Risks, Suspensions, 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,...

Fairness implies validity: Look backwards and forward

by GilesFiles | Jan 16, 2019 | BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Conduct - gross, Conduct & capacity, Insights, Labour Relations, Lawfulness & fairness, LRA 08a: 185-197B Dismissal, LRA 1995, Objective - correctness, Protect not punish, Risks, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees...

Property management company: Dismissal of complex manager

by GilesFiles | Jan 11, 2019 | 2019, Associations/corporates, BC and HOAs, Connie Prinsloo, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Parties, Sectors, 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,...

Unauthorised vehicle use: Honesty trust remorse

by GilesFiles | Nov 8, 2018 | 2018, Conduct - gross, Conduct & capacity, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Logistics, MPN Nkutha-Nkontwana, Risks, Sectors, Sidumo - see also awards s 145, Substance, Termination (LRL 8), Topics, Trust & confidence | 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,...

Labour law myths: No need for three warnings

by GilesFiles | Oct 17, 2018 | 2018, Appeals, Causes and defences, Conduct & capacity, Courts, Insubordination and defiance, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Managerial prerogative, Protect not punish, Review tests, Risks, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Substance, Termination (LRL 8), Topics, Trust & confidence, Warnings | 0 |

TMT Services and Supplies (Pty) Ltd v CCMA Some labour law myths exposed and LAC confirmed that even one act of defiance of authority can provide a valid and fair reason to dismiss because it is essentially based on the...

Tag: Benefits – retained