notice pay Archives - GilesFiles

Operational requirements termination: Nature of possible claims

by GilesFiles | May 19, 2025 | 2020 onwards, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bumping, Causes and defences, Compensation or damages, Connie Prinsloo, Construction industry, Costs, Courts, Damages, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Minute: pre-trial or arb, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, Sectors, 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,...

Bumping principles considered: Substantial compensation awarded

by GilesFiles | Apr 11, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 1997 (LRL 10), Bumping, Causes and defences, Compensation or damages, Costs, Courts, Declaratory, Dignity equality freedom, Fair procedure, Granted, Hospitality, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Management, Managerial prerogative, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 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,...

Age discrimination considered: LRA s 187(2)(b): Rogers J

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, Fair procedure, False assumptions, Fixed-term, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Notice requirements, OL Rogers, Operation of law, Orders, Parties, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retirement, Review tests, 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,...

Age-based discrimination: Section 187(2)(b) of LRA?

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, Compensation or damages, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, Fair procedure, False assumptions, Fixed-term, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Markets in SA, Notice requirements, Operation of law, Orders, Parties, philosophy / economics, Policies - all, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retired judges, Retirement, Review tests, RMM Zondo, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Genuine operational requirements: Notice pay ordered

by GilesFiles | Sep 6, 2024 | 2020 onwards, BCEA 1997 (LRL 10), Causes and defences, Construction industry, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Private enterprises, 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,...

Contractual breach examined: Limited damages rule

by GilesFiles | Oct 20, 2021 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Costs not awarded, Courts, Damages, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Orders, Parties, Sectors, State organs, Statutes (LRL 2)-work, 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,...

Lawful employment termination: Limited to notice pay

by GilesFiles | Oct 10, 2017 | 2017, Causes and defences, Courts, Fixed-term, High Court, High Court judges, Interpretation etc, Judges, Parties, Provincial, Sectors, Topics | 0 |

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Impossibility of performance: Lawful not unfair end

by GilesFiles | Oct 10, 2017 | 2017, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, General, High Court, High Court judges, Impossibility or illegality, Interpretation etc, Judges, Labour Relations, Legal Practice, Provincial, Sectors, Statutes (LRL 2)-work, 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,...

Dismissing without notice: Summary termination

by GilesFiles | Oct 21, 2016 | 2016, André van Niekerk, BCEA 1997 (LRL 10), Cause of action defined, Conduct - gross, Conduct & capacity, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Notice requirements, Risks, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

Kobrin v Periscopic Masingita (Pty) Ltd (JS990/15) [2016] ZALCJHB 543 (21 October 2016) per van Niekerk J. The LC granted damages in an amount equal to unpaid notice pay plus interest and costs. In contractual terms a summary...

Labour law amendments: Proper approach to dismissals

by GilesFiles | Jul 26, 2011 | Insights, Labour Relations, Notice requirements, Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, Topics | 2 |

Except where the reason for termination of employment relates to gross misconduct (material breach of contract) employers should be encouraged to adopt a holistic approach and pay notice pay, and even some form of ‘severance...

Dismissals must be lawful, valid & fair

by GilesFiles | Mar 28, 2010 | BCEA 1997 (LRL 10), Conduct - gross, Conduct & capacity, Courts, Dennis Davis, ILO Convention 158/1982, Insights, Labour Relations, LAC judges, Lawfulness & fairness, Notice requirements, Termination (LRL 8) | 0 |

Craig Bosch has an article in the SASLAW Newsletter March 2010 p 5 “It isn’t easy getting notice(d): how arbitrators should deal with an employer’s failure to give or pay notice” and states that the...

Employment & labour law: Ignorance is inexcusable

by GilesFiles | Aug 28, 2009 | BCEA 1997 (LRL 10), Causes and defences, Conduct - gross, ILO Conventions, Insights, Interpretation etc, Labour Relations, 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,...

Tag: notice pay