Fairness to both parties Archives

Commercial rationale for outsourcing: Full compensation awarded

by GilesFiles | Dec 29, 2025 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Compensation or damages, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Inherent requirements, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 193, LRA 194, LRA 197 - transfers, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Review tests, 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,...

Applying law and equity: LRA fundamental dual purpose

by GilesFiles | Dec 28, 2025 | AB1 - Fairness principle or concept, AU - ChatGPT, Insights | 0 |

The LRA is not a code of discipline but a fairness statute, requiring decision-makers to apply legal principles through the lens of equity, context, and justice. It is important to appreciate that the Labour Relations Act 66 of...

Incapacity related termination: Injured on duty in mine

by GilesFiles | Feb 3, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Conduct & capacity, Courts, Declaratory, Evidence & onus, Illness & injury, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Management, Managerial prerogative, Mining, Orders, Parties, Private enterprises, Protect not punish, Resolving disputes (LRL 3), Review tests, 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,...

Granting condonation examined: Justice and fairness interests

by GilesFiles | Nov 28, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, Balancing interests, Causes and defences, Central, Condonation, Constructive: 186(1)(e), Costs, Courts, Declaratory, Direct and indirect discrimination, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

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 |

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Bumping and LIFO examined: “Fair go all round”

by GilesFiles | May 21, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Bumping, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Restructuring, Review tests, Rules Codes & Manual, Sectors, Selected judges, 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,...

Decriminalising employee discipline: Boardrooms are not courts

by GilesFiles | Nov 26, 2023 | AB - Law generally, Insights | 0 |

Boardrooms are not courts: The decriminalised approach to workplace discipline Courtesy of Employment Alert from attorneys Cliffe Dekker & Hofmeyr: 20 November 2023 “Recently, a few judgments have pronounced on the concept...

Retrospective reinstatement ordered: Assess independently?

by GilesFiles | May 10, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 193, LRA 1995, Orders, Parties, Reinstatement, Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Reversing disciplinary sanction: No exceptional circumstances

by GilesFiles | Jul 2, 2021 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Balancing interests, Bill of Rights, Consistency element, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Insights, Interpretation etc, Judges, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Protect not punish, Review tests, Sectors, Statutes (LRL 2)-work, Substance, 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,...

Balancing party interests: Fair go all round

by GilesFiles | Nov 8, 2016 | 2016, BCEA 1997 (LRL 10), Cause of action defined, Lawfulness & fairness, MTR Mogoeng, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Words & phrases | 3 |

South African Revenue Service v CCMA (CCT19/16) [2016] ZACC 38 (8 November 2016) per Mogoeng CJ (Nkabinde ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ and Zondo J concurring): The...

Remedial discretion: Fairness to both parties

by GilesFiles | Feb 16, 2016 | 2016, Courts, Dennis Davis, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Review tests, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

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,...

Polygraph test disputed: Expert evidence required?

by GilesFiles | May 13, 2014 | 2014 and earlier, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Parties, Polygraph test, Private enterprises, Review tests, Risks, Roland Sutherland, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

DHL Supply Chain (Pty) Ltd v De Beer NO Does a failed polygraph test which is disputed really produce any usable information that is reliable? “[30] These considerations beg the question about what a failed polygraph test...

Tag: Fairness to both parties