Good Practice codes Archives

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 |

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Safety risk assessment: Working in high-heels

by GilesFiles | Jun 27, 2022 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Evidence & onus, GN Moshoana, incitement, Insights, Insubordination and defiance, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Mining, Orders, Parties, Policies - all, Private enterprises, Review tests, Risks, 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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Operational requirements paramount: Covid-19 vaccine

by GilesFiles | May 9, 2022 | Bill of Rights, Causes and defences, CCMA awards, CCMA members, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Incompatibility, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Operational reasons, Orders, Parties, Performance, Personal services, Policies - all, Private enterprises, Risks, Rules Codes & Manual, Sectors, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

B v Baroque Medical (Pty) Ltd When do operational requirements become paramount and a valid and fair reason to terminate employment on notice? “[55] The risk assessment and subsequent imposition of the mandatory policy as well...

Workplace bullying considered: Favouring males

by GilesFiles | May 6, 2022 | Causes and defences, CCMA awards, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Harass & bully, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Performance, Policies - all, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Universities and schools | 0 |

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Counterclaim damages awarded: Unprotected strike

by GilesFiles | Jan 23, 2020 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Collective action, Collective Bargaining (LRL 5), Compensation or damages, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 1995, MTM Phehane, Orders, Parties, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade unions | 0 |

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Reasonable instruction disobeyed: Dismissal not unfair

by GilesFiles | Aug 29, 2019 | 2019, Courts, Edwin Tlhotlhalemaje, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Motor industry, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Unsuccessful damages claim: Unprotected strike action

by GilesFiles | Apr 24, 2019 | 2019, 64 Strikes/lockouts, 64-77 Strikes, 65 limitations, 68 strike unprotected, Costs, Courts, Edwin Tlhotlhalemaje, Judges, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 1995, Sectors, Statutes (LRL 2)-work, Topics, Warnings | 0 |

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Practice directives applied: Late filing of record

by GilesFiles | Oct 4, 2018 | 2018, CCMA Rules-old, Courts, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, LRA C: 133-150 CCMA, Management, Policies - all, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Guptas provoked strike: Unprotected and dismissals

by GilesFiles | Oct 19, 2017 | 2017, 64-77 Strikes, 68 strike unprotected, Causes and defences, Connie Prinsloo, Consistency element, Contractual breach, Courts, Judges, Labour Court, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), Termination (LRL 8), Topics, Trust & confidence | 0 |

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Employment expressions examined: Terms conditions policies

by GilesFiles | Sep 26, 2017 | Causes and defences, Insights, Interpretation etc, Jurisdiction & powers, Labour Relations, Legal Practice, Management, Managerial prerogative, Policies - all, Terms & conditions, Topics | 0 |

It is important to know and understand the various employment expressions, including “terms and conditions of employment”. There is confusion and whether employment terms include policies and how they differ from...

Lecturer harassing students: Justifies dismissal

by GilesFiles | Feb 28, 2017 | 2017, Conduct & capacity, Discrimination (LRL 11), Harass & bully, Insights, Labour Court, Legal Practice, Management, Policies - all, Sean Snyman, Termination (LRL 8) | 0 |

University of Venda v M (JR2125/13) [2017] ZALCJHB 72(2017) ILJ 1376 (LC) (28 February 2017) per Sean Snyman AJ. “Even if it can be said, as the [arbiter] suggests, that in the case of T she should not have told the [lecturer]...

Fit and proper person: Practising attorneys & advocates

by GilesFiles | Sep 15, 2016 | 2016, Courts, High Court, High Court judges, Judges, Legal Practice, Parties, Topics | 0 |

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Tag: Good Practice codes