Labour practice - probation Archives

Limited damages rule: Restricted to notice period?

by GilesFiles | Oct 20, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Compensation or damages, Contractual breach, Courts, Declaratory, Fixed-term, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Notice requirements, Orders, Parties, Personal services, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 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,...

Good practice code: Termination of employment

by GilesFiles | Sep 4, 2025 | AA - Resources generally, AH08 - Good Practice, Insights | 0 |

CODE OF GOOD PRACTICE: DISMISSAL Government Gazette 4 September 2025: No 53294 Part A – Introduction. Purpose. Interpretation. Small businesses. Part B- Dismissal Dismissal. Part C- Fair dismissal Fairness. Part D-...

ILO Convention 158 & LRA: (in)capacity and (mis)conduct.

by GilesFiles | Jun 6, 2025 | AA - Resources generally, AB - Law generally, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AJ - General, Conduct & capacity, ILO Convention 158/1982, ILO Conventions, Insights, Lawfulness & fairness, Performance, Risks, Termination (LRL 8), Trust & confidence | 0 |

Probationary or trial periods: Executive summary Discussion of the concept of probationary periods for employees and the legal considerations related to dismissals during this period. It draws comparisons between South African...

Trial period examined: Jurisdiction confirmed

by GilesFiles | May 8, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Conduct & capacity, Contractual breach, Courts, Declaratory, Exceptions/special pleas, Fixed-term, Government, 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 D: 151-166 LC, Orders, Parties, Performance, Pleadings: amending, 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,...

Freedom to negotiate: Allow employees to do so

by GilesFiles | May 15, 2023 | AA - Resources generally, AB - Law generally, False assumptions, Free and fair, Insights, Legislation, Management, Markets in SA, Reforms required | 0 |

Over the past few months news headlines have been dominated by the power crisis, while this is understandable given its fundamental importance to the economy, we should not lose sight of the unemployment crisis. In fact these...

LC jurisdiction lacking: Unlisted labour practices

by GilesFiles | Sep 16, 2022 | 2020 onwards, 64 Lockout, André van Niekerk, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Objective - correctness, Orders, Parties, Practices (LRL 9), Private enterprises, Res judicata (issue estoppel), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Probationary period expired: Dismissal not proved

by GilesFiles | Jun 28, 2021 | 2020 onwards, Causes and defences, Conduct & capacity, Contractual breach, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Fair procedure, GN Moshoana, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Objective - correctness, Orders, Parties, Performance, Policies - all, Practices (LRL 9), Protect not punish, Provisos, Review tests, Rules Codes & Manual, Sectors, State organs, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication | 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,...

Protected disclosures considered: Questionable relationship?

by GilesFiles | Sep 12, 2019 | 2019, Appeals, Courts, Dennis Davis, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

NIHSS v Lephoto Protected disclosures considered and LAC upheld the appeal and overturned LC reinstatement order of Mamosebo AJ dated 22 November 2017 after deciding that there was a valid and fair reason to dismiss unrelated to...

Probation period extended: Lack of performance

by GilesFiles | Aug 15, 2019 | 2019, Associations/corporates, Conduct & capacity, Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Parties, Performance, Practices (LRL 9), Risks, Sectors, Statutes (LRL 2)-work, 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,...

Occupier unlawfully evicted: Probation report required

by GilesFiles | Sep 28, 2018 | 2018, 2018, Applications, Courts, Eviction/ejectment, Evidence & onus, Judges, Landmark judgments, Legal Practice, Legislation, Orders, Practices (LRL 9), SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in the absence of a report from the probation officer. “Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations...

Correcting performance deficiencies: Probation conduct and capability

by GilesFiles | Aug 28, 2018 | 2018, Conduct & capacity, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Performance, Practices (LRL 9), RGO Lagrange, Risks, Sectors, Statutes (LRL 2)-work, 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,...

Dismissal Good Practice Code: Schedule 8 to LRA

by GilesFiles | Nov 30, 2017 | AB - Law generally, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AJ - General, Bill of Rights, Causes and defences, Conduct & capacity, Dignity equality freedom, Fair procedure, Insights, Interpretation etc, Labour Relations, Legislation, LRA 1995, Protect not punish, Risks, Substance, Termination (LRL 8), Trust & confidence | 0 |

This code of good practice has been in operation since the LRA came into force in November 1996. ...

Tag: Labour practice – probation